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:
“It could probably be shown by facts and figures that there is no distinctly native American criminal class except Congress.”
—Mark Twain [Samuel Langhorne Clemens] (18351910)
“It is fair to assume that when women in the past have achieved even a second or third place in the ranks of genius they have shown far more native ability than men have needed to reach the same eminence. Not excused from the more general duties that constitute the cement of society, most women of talent have had but one hand free with which to work out their ideal conceptions.”
—Anna Garlin Spencer (18511931)
“Youre contending with a genius, D.J. is his name, only American alive who could outtalk Cassius Clay, thats lip.”
—Norman Mailer (b. 1923)
“I think hell be to Rome
As is the osprey to the fish, who takes it
By sovereignty of nature.”
—William Shakespeare (15641616)
“One of the things I considered a delightful experience in school was the Constitution and the Bill of Rights. I didnt realize the gap was so big from the Founding Fathers until now. And I didnt realize they werent talking about me.”
—Maxine Waters (b. 1938)