Tribal Sovereignty and Native American Policy within the U.S. Government Let us explore the complex and evolving relationship between tribal sovereignty and Native American policy within the United States government. It delves into the historical context of Native American relations with the U.S. government, the development of tribal sovereignty as a foundational principle, and contemporary issues surrounding Native American policy. By examining key historical events, legal developments, and modern challenges, this paper aims to provide a comprehensive overview of the status of tribal sovereignty and the current state of Native American affairs in the United States. Historical Context Treaty-Making Era (1778-1871): The Treaty-Making Era represents the early interactions between Native American tribes and the newly formed United States. During this period, numerous treaties were negotiated between tribal nations and the federal government. These treaties recognized tribal sovereignty and established agreements on various matters, including land rights, trade, and peace. For example: The Treaty of Fort Stanwix (1784) with the Iroquois Confederacy marked one of the earliest formalized agreements, recognizing the sovereignty of the Six Nations and setting boundaries. The Treaty of Hopewell (1785 and 1786) with the Cherokee Nation recognized the Cherokee as a sovereign nation and defined their territorial boundaries. The Treaty of Ghent (1814) that ended the War of 1812 affirmed the pre-war borders and territorial rights of various tribes. The Treaty of Prairie du Chien (1825) helped establish peaceful relations between various tribes, acknowledging their distinct territories and governing structures. Era of Forced Removal (1830s): The 1830s marked a dark chapter in Native American history, characterized by the forced removal of several tribes from their ancestral lands: The Indian Removal Act of 1830, signed by President Andrew Jackson, authorized the relocation of southeastern tribes, notably the Cherokee, Choctaw, Chickasaw, Creek, and Seminole, to lands west of the Mississippi River. This resulted in the infamous Trail of Tears, during which thousands died due to exposure, disease, and hunger. The federal government’s actions during this era clearly violated the sovereignty and rights of these tribes, and it remains a painful chapter in Native American history. Era of Allotment (1887-1934): The late 19th and early 20th centuries saw the passage of policies aimed at assimilating Native Americans into mainstream American society: The Dawes Act of 1887, also known as the General Allotment Act, sought to break up tribal lands by allotting parcels of land to individual Native Americans. This policy aimed to encourage private land ownership, but it often resulted in the loss of tribal land bases, as surplus lands were opened up to non-Native settlers. The Curtis Act of 1898 further extended federal control over tribal governments and lands in the Indian Territory (now Oklahoma) by requiring tribes to abolish their traditional governments and adopt new constitutions. Indian Reorganization Act (1934): In response to the negative impacts of the allotment era, the federal government initiated a shift toward a more supportive policy with the Indian Reorganization Act of 1934 (commonly known as the Wheeler-Howard Act): This legislation aimed to reverse some of the damage done during the allotment era by promoting tribal self-determination. It encouraged tribes to reorganize and adopt constitutions, which would give them greater control over their own affairs. The act also provided funds for economic development and the purchase of land for tribes, helping to rebuild tribal land bases. In summary, the historical context of Native American policy in the United States is marked by periods of cooperation, coercion, and conflict. The Treaty-Making Era established the early framework for recognizing tribal sovereignty, while the Era of Forced Removal and Era of Allotment saw significant violations of tribal rights and sovereignty. The Indian Reorganization Act marked a shift toward a policy of greater support for tribal self-determination. These historical events and policies continue to shape the contemporary challenges and discussions surrounding Native American sovereignty and policy in the United States. Development of Tribal Sovereignty: Legal Foundations: The recognition and development of tribal sovereignty within the United States can be traced back to various legal and judicial milestones. These legal foundations have played a crucial role in shaping the status of Native American tribes as sovereign entities. Marshall Trilogy: The Marshall Trilogy comprises three landmark Supreme Court decisions handed down by Chief Justice John Marshall in the early 19th century. These cases laid the groundwork for the recognition of tribal sovereignty within U.S. law: Johnson v. M’Intosh (1823): In this case, the Supreme Court ruled that private citizens could not purchase or take land from Native American tribes without federal government approval. Chief Justice Marshall asserted that Native American tribes had a “right of occupancy” but not the “right of soil,” effectively recognizing their preexisting sovereignty over land. Cherokee Nation v. Georgia (1831): This case addressed the relationship between Georgia and the Cherokee Nation. Chief Justice Marshall held that the Cherokee Nation was not a foreign state but rather a “domestic dependent nation” subject to federal protection. This decision acknowledged the unique status of Native American tribes within the federal system. Worcester v. Georgia (1832): In Worcester v. Georgia, the Supreme Court declared that the state of Georgia had no authority to regulate the Cherokee Nation or its territory. Chief Justice Marshall’s opinion reaffirmed the federal government’s authority in Indian affairs and reinforced the idea of tribal sovereignty. Treaty-Making Era: Throughout the 19th century, the U.S. government entered into numerous treaties with Native American tribes. These treaties served as agreements that recognized tribal sovereignty and established the terms of coexistence. For example, the Treaty of Fort Laramie (1851) with the Lakota Sioux and other Plains tribes delineated territories and promised annuities in exchange for peace. Trust Responsibility: The concept of the federal government’s “trust responsibility” emerged as a key aspect of tribal sovereignty. The trust responsibility refers to the legal obligation of the U.S. government to protect tribal lands, resources, and rights. This duty was further codified in the Indian Reorganization Act of 1934 (also known as the Wheeler-Howard Act), which sought to restore tribal governments and … Continue reading Tribal Sovereignty and Native American Policy within the U.S. Government