Native American Sovereignty and The Constitution
The United States Constitution specifically mentions the relationship between the United States federal government and Native American tribes three times:
- Article I, Section 2, Clause 3 states that "Representatives and direct Taxes shall be apportioned among the several States ... excluding Indians not taxed." According to Storey's Commentary on the US Constitution, "There were Indians, also, in several, and probably in most, of the states at that period, who were not treated as citizens, and yet, who did not form a part of independent communities or tribes, exercising general sovereignty and powers of government within the boundaries of the states."
- Article I, Section 8 of the Constitution states that “Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes”, determining that Indian tribes were separate from the federal government, the states, and foreign nations; and
- The Fourteenth Amendment, Section 2 amends the apportionment of representatives in Article I, Section 2 above.
These basic provisions have been changed and/or clarified by various federal laws over the history of the United States. Regulate, historically means facilitate. Therefore, the Congress of these United States was to be the facilitator of commerce between the states and the tribes.
These Constitutional provisions, and subsequent interpretations by the Supreme Court (see below) are today often summarized in three principles of U.S. Indian law:
- Territorial Sovereignty. Tribal authority on Indian land is organic and is not granted by the states in which Indian lands are located.
- Plenary Power Doctrine. Congress, and not the Executive Branch, has ultimate authority with regard to matters affecting the Indian tribes. Federal courts give greater deference to Congress on Indian matters than on other subjects.
- Trust Relationship. The federal government has a "duty to protect" the tribes, implying (courts have found) the necessary legislative and executive authorities to effect that duty.
Read more about this topic: Tribal Sovereignty In The United States
Famous quotes containing the words native american, native, american, sovereignty and/or constitution:
“We know what the animals do, what are the needs of the beaver, the bear, the salmon, and other creatures, because long ago men married them and acquired this knowledge from their animal wives. Today the priests say we lie, but we know better.”
—native American belief, quoted by D. Jenness in “The Carrier Indians of the Bulkley River,” Bulletin no. 133, Bureau of American Ethnology (1943)
“Of all my prosecutors ... not one is my peer, but each and all are my political sovereigns; and had your honor submitted my case to the jury, as was clearly your duty, then I should have had just cause of protest, for not one of those men was my peer; but, native or foreign born, white or black, rich or poor, educated or ignorant, sober or drunk, each and every man of them was my political superior; hence, in no sense, my peer.”
—Susan B. Anthony (1820–1906)
“The train was crammed, the heat stifling. We feel out of sorts, but do not quite know if we are hungry or drowsy. But when we have fed and slept, life will regain its looks, and the American instruments will make music in the merry cafe described by our friend Lange. And then, sometime later, we die.”
—Vladimir Nabokov (1899–1977)
“[Anarchism] is the philosophy of the sovereignty of the individual. It is the theory of social harmony. It is the great, surging, living truth that is reconstructing the world, and that will usher in the Dawn.”
—Emma Goldman (1869–1940)
“If you complain of neglect of education in sons, what shall I say with regard to daughters, who every day experience the want of it? With regard to the education of my own children, I find myself soon out of my depth, destitute and deficient in every part of education. I most sincerely wish ... that our new Constitution may be distinguished for encouraging learning and virtue. If we mean to have heroes, statesmen, and philosophers, we should have learned women.”
—Abigail Adams (1744–1818)