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Articles of Confederation The first constitution of the United States, the Articles of Confederation, were only in place for eight years due to the limited power granted to the federal government. The Articles of Confederation were replaced by the current constitution in 1789.
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Constitution of the United States of America
The Constitution of the United States of America outlines the structure of the United States Government. This document is the foundation of United States' laws. Article 1 provides directions for the legislative branch and the basic differences between the two legislative bodies. Article 2 outlines the role of the Executive Branch of government, led by the President. The document gives significant power to the legislative branch and limits the power of the executive. Article 3 organizes the Judicial Branch and gives it the authority to keep the other branches adherent to the Constitution. Article 4 provides description on the interaction between states and the federal government. The Constitution provides minimal guidance for each branch of government, but also provides methods to amend it.
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Dollar General Corp. v. Mississippi Band of Choctaw Indians
After an anonymous boy was sexually assaulted by the manager of the Dollar General on Choctaw land, the boy sued the manager and Dollar General in Tribal Court, using the precedent set in Montana v. United States that tribal courts could regulate the activity of non-tribal members who enter into a consensual relationship with the tribe. The Supreme Court was equally divided, so the ruling of the Court of Appeals was held: the tribal court could exercise jurisdiction over Dollar General.
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Ex Parte Crow Dog
Ex Parte Crow Dog was a Supreme Court case that asserted the federal government's role in criminal jurisdiction on tribal lands. The Court held that the federal government did not have jurisdiction over crimes committed by Native peoples against one another on tribal land. The Court's decision in this case affirmed tribal sovereignty, leading to the passage of the Indian Major Crimes Act two years later, which brought certain crimes committed on tribal lands under the jurisdiction of the federal government.
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Indian Child Welfare Act
An Act intended "to protect the best interests of Indian Children," the Indian Child Welfare Act supports tribal sovereignty and tribal involvement in the welfare of its children. The Indian Child Welfare Act was upheld in the 2023 Supreme Court decision in Haaland v. Brackeen.
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Indian Trade and Intercourse Act of 1790
The Trade and Intercourse Acts had important economic and political implications in the Early Republic. A key feature of the legislation was the recognition of tribal sovereignty and legal jurisdiction.
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Lone Wolf v. Hitchcock
After Congress attempted to pass legislation that violated the Medicine Lodge Treaty of 1867, Kiowa chief Lone Wolf filed a complaint on behalf of the tribes who had signed the treaty. The Supreme Court sided with Congress and upheld the violation of the treaty.
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Louisiana Purchase Treaty
The Louisiana Purchase Treaty reflected United States ambitions toward empire, while ignoring critical issues regarding the incorporation of Native nations.
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Medicine Lodge Treaty
Signed between the United States government and several of the Great Plains Native American tribes, the Medicine Lodge Treaties were a series of treaties relocating these Native American groups to Indian Territory. The October 21, 1867 treaty relocated the Kiowa and Comanche people.
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Naturalization Act of 1790
The Naturalization Act of 1790 had important legal and political implications in the Early Republic. An emerging racial hierarchy was reflected in the determinations of who was allowed to become a citizen. The act specified that any free white person who had resided in the U.S. for two years could be admitted to become a citizen, provided they were a "person of good character" according to a court of law.
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Northwest Ordinance
The Northwest Ordinance had important legal and political implications during the Early Republic. A key feature of the legislation was the recognition of tribal sovereignty and legal jurisdiction.
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Oliphant v. Suquamish Indian Tribe
In Oliphant v. Suquamish Indian Tribe, the court ruled that Native American tribes had no jurisdiction over non-Indians. The ruling was later overturned by the Indian Civil Rights Act and the ruling in Duro v. Reina that stated tribes had criminal jurisdiction over nonmember Indians. The case of Dollar General v. Mississippi Band of Choctaw Indians also held that tribes had jurisdiction over non-Indians.
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Treaty of Amity, Commerce and Navigation
Unpopular with the American public, this treaty between the United States and Britain attempted to resolve outstanding issues from American independence. This treaty, also known as John Jay’s Treaty, made trade between the two countries more even and reduced British military presence in the U.S.
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Treaty of Fort Laramie
Signed between the U.S. and the Sioux Nation, this treaty granted the Black Hills to the Sioux people as part of their reservation. A few years later, General George Custer led an expedition through the Black Hills where they found gold. American violation of this treaty led to the Battle of Little Bighorn in 1876. Ownership of the Black Hills continues to be disputed today.
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U.S. Constitutionalism and Native American Sovereignty
This teaching module discusses the centrality of Native people and their nations throughout American history, featuring a webinar with Ned Blackhawk, author of the 2023 book, The Rediscovery of America: Native Peoples and the Unmaking of U.S. History.
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Webinar - U.S. Constitutionalism and Native American Sovereignty
In this webinar, Professor Ned Blackhawk of Yale University discusses his recent book The Rediscovery of America: Native Peoples and the Unmaking of U.S. History, which argues for the centrality of Native people and their nations throughout American history from the colonial era to the present, as well as tribal sovereignty and federal Indian law in the United States.