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Tribal Sovereignty

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Items with "Legal Concept: Tribal Sovereignty"
Title Description Class
Indian Civil Rights Act The Indian Civil Rights Act ensured that constitutional rights were extended to Native Americans while also ensuring tribal sovereignty.
Indian Major Crimes Act The Indian Major Crimes Act brought certain crimes committed on tribal lands under the jurisdiction of the United States federal government, weakening tribal sovereignty.
Indian Self-Determination and Education Assistance Act This act gave tribal nations increased funding and decision-making power over education systems on reservations. This law signified an increase in tribal sovereignty.
Indian Territory Citizenship Act This act amended section six of the Dawes Act to give United States citizenship to all Native Americans residing in Indian Territory.
Indian Territory with Part of the Adjoining State of Kansas &c. The map shows the treaty-designated territories of the Cherokee, Chickasaw, Choctaw, Muscogee Creek, and Seminole Nations after the conclusion of the Civil War and the signing of each tribe’s 1866 Treaty. Notably, the territories of each nation were significantly reduced.
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.
Indian Trade and Intercourse Act of 1796 The Indian Trade and Intercourse Act had important economic, legal and political implications in the Early Republic. A key feature of the legislation was the recognition of tribal sovereignty and legal jurisdiction.
Letters of Application for Fee Patent Three applications sent to the Secretary of the Interior for admission to full American citizenship through the competency process. These applications summarized the main assets and qualities of the Native American individual that qualified them for U.S. citizenship. Some applications were written by the Native American applicant, but the majority were composed by a reservation agent. Together, these three applications reveal the changes brought upon Native American landholdings and personal identity as a result of the Allotment and Assimilation era. They emphasize how legal schemes, such as the competency commissions, upheld racialized legal benchmarks as indicators of a Native person's readiness for citizenship.
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.
Making A Sioux Indian Into An American Citizen In this newspaper article, Secretary of Interior Franklin Lane gives an account of a naturalization ritual that took place on the Yankton Reservation, South Dakota, in 1916. This article highlights the lived experience of naturalization processes for Native American individuals becoming U.S. citizens, revealing the involvement of other participants at the ceremony. This account highlights the complexities with receiving allotment for Native individuals and some of the effects citizenship had on legal and political rights. With a photograph of the event, this document provides a glimpse into the symbolic nature of the event, where the restructuring of Native identity encouraged in Allotment and Assimilation era policies is performed.
McClanahan v. Arizona State Tax Commission In McClanahan v. Arizona State Tax Commission, the Supreme Court ruled that the state did not have the right to tax Native Americans living and earning income on tribal land.
McGirt v. Oklahoma In McGirt v. Oklahoma, the Supreme Court found that the lands in eastern Oklahoma were under the legal jurisdiction of the tribal nations. This decision reestablished tribal sovereignty for the Five Tribes, the Cherokee, Chickasaw, Choctaw, Muscogee Creek, and Seminole.
Mescalero Apache Tribe v. Jones In Mescalero Apache Tribe v. Jones, the Supreme Court ruled that the state could tax tribal business that is off-reservation, but not business that took place on the reservation.
Native American Citizenship and Competency During the Allotment and Assimilationist Era This teaching module explores how citizenship featured in Native American policy during the Allotment and Assimilation Era. It highlights the first formal naturalization process for individuals on a national scale. Focusing on competency commissions from 1915 to 1920, this unit guides students in analyzing how legal assessments of "competency" in the context of citizenship were shaped by race, gender, and settler values. Using primary documents— including applications, inspection reports, and naturalization rituals—this module examines how federal policies enforced whiteness and domestic norms as criteria for inclusion. The module also encourages discussion about the dual role of citizenship as both a tool of assimilation and a potential resource for Native resistance and legal agency.
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.
Oklahoma's Poor Rich Indians: An Orgy of Graft and Exploitation of the Five Civilized Tribes, Legalized Robbery This excerpt from the introduction of Zitkala-Ša's groundbreaking report opened the scene on fraud facilitated by guardians, lawmakers, and county clerks at the expense of minors, heirs, and incompetents during early Oklahoma statehood, and focused on probate courts as a site of legal exploitation.
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.
Plymouth, Massachusetts, Colonial Court Cases These excerpts from the Records of the Colony of New Plymouth in New England document Native Peoples' engagement with the law after a 1641 code grants due process.
Public Law 280 This law gave California, Minnesota, Nebraska, Oregon, and Wisconsin criminal and civil jurisdiction on Indian reservations, as the U.S. government resolved to terminate the special trustee relationship tribes held with the United States, eroding tribal sovereignty.
Ritual on Admission of Indians to Full American Citizenship This set of instructions for conducting the Ritual on Admission of Indians to Full American Citizenship was produced by the Department of the Interior in 1918 so that such ceremonies could take place across the Western reservations. It includes the opening remarks from the Representative of the Department, followed by instructions for each participant to undergo to receive U.S. citizenship. There are separate instructions for men and women. The document reveals the centrality of performance during naturalization events for Native Americans.
Seminole Agreement Excerpts from this congressional act ratified an agreement with the Seminole Nation concerning allotment, like enrollment and laws of descent. The second proviso established matrilineal descent of lands, money, and property for heirs.
Seminole Tribe of Florida v. Florida In the Seminole Tribe of Florida v. Florida, the Supreme Court considered whether the Indian Gaming Regulatory Act violated the state of Florida's state sovereignty as guaranteed by the Eleventh Amendment.
The Five Civilized Tribes Act Excerpts from this congressional act legislated the end of tribal enrollment in the Five Tribes, as well as the dissolution of their tribal government. However, section 28 extended tribal sovereignty for the Five Tribes for a truncated 30 days per year.
The Great Law of Peace of the Iroquois Confederacy The Constitution of the Haudenosaunee (Iroquois), also known as the Six Nations, dates back to as early as 1142. The political system this oral constitution established was greatly admired by the Founding Fathers, who incorporated many of its democratic principles into the U.S. Constitution.
The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution This teaching module looks the Supreme Court's understanding of Native America from an Indigenous perspective, featuring a webinar with Keith Richotte, Jr., author of the 2025 book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution.