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These constitutional provisions, and subsequent interpretations by the Supreme Court (see below), are today often summarized in three principles of U.S. Indian law: [10] [11] [12] Territorial sovereignty: Tribal authority on Indian land is organic and is not granted by the states in which Indian lands are located.
The states only have jurisdiction over cases involving the adoption and custody of Indian children not domiciled in Indian country. [43] In probate cases, states have jurisdiction regarding cases of non-trust estates of Indians who died while they were domiciled outside of Indian country and also in cases dealing with any land outside of Indian ...
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Worcester v. Georgia, 31 U.S. (6 Pet.) 515 (1832), was a landmark case in which the United States Supreme Court vacated the conviction of Samuel Worcester and held that the Georgia criminal statute that prohibited non-Native Americans from being present on Native American lands without a license from the state was unconstitutional.
Wirt asked the Supreme Court to void all Georgia laws extended over Cherokee lands because they violated the U.S. Constitution, United States–Cherokee treaties, and United States intercourse laws. The Supreme Court, led by Chief Justice John Marshall, agreed to hear the case but declined to rule on the merits of the case.
Oneida Indian Nation of New York, 544 U.S. 197 (2005), was a Supreme Court of the United States case in which the Court held that repurchase of traditional tribal lands 200 years later did not restore tribal sovereignty to that land.
In the early 2000s, Justice Stephen Breyer spoke in front of The Supreme Court Historical Society about the importance of cases involving the Cherokee Nation in the 1830s. "United States shall ...
Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. [1]