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Tribal Sovereignty

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Items with "Legal Concept: Tribal Sovereignty"
Title Description Class
Indian Appropriations Act of 1904 This act allocated funds for a wide variety of expenditures on Native lands including boarding schools, asylums, payroll, transportation, warehouses, police, judges, and medical supplies, and called for the liquidation of tribal land not already allotted to tribal citizens. It also removed alienation restrictions for some allottees on a case-by-case basis.
Indian Child Welfare Act (1978) 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.
Indian Civil Rights Act (1968) The Indian Civil Rights Act ensured that constitutional rights were extended to Native Americans while also ensuring tribal sovereignty.
Indian Major Crimes Act (1885) 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 (1975) 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 (1901) This act amended section six of the Dawes Act to give United States citizenship to all Native Americans residing in Indian Territory.
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.
Letter from Nelson Harris to the Commissioner of Indian Affairs (1867) In this letter, Choctaw Freedman Nelson Harris describes his treatment by the Choctaw Nation following the 1865 act. He draws upon the Treaty of 1866, asking for assistance in ensuring his rights to reside and work in the Choctaw Nation were respected.
Letter from Thirteen Choctaw and Chickasaw Freedmen Pleading for Federal Assistance in Emancipating their Kin (1865) This letter, formulated by a group of thirteen men who fled enslavement in the Choctaw and Chickasaw Nations, details how Choctaw and Chickasaw enslavers continued to hold Black people in bondage. The letter includes a plea for federal assistance in ensuring the freedom of the authors' family members, an exhibit with the names and locations of eighty people who were still enslaved in the Choctaw and Chickasaw Nations, and an accounting of how self-emancipated Black people were under threat of immediate death if they were to return to either nation.
Letters of Application for Fee Patent (1915) 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 (1903) 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 (1916) 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 (1973) 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 (2020) 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.
Memorial of the Freedmen of the Chickasaw Nation (1882) This statement prepared by two Chickasaw Freedmen used clauses in Article 3 of the Treaty of 1866 to assert that Freedmen had the right to remain in the Chickasaw Nation despite not being formally adopted as citizens. They also demanded Chickasaw Freedmen be guaranteed the right to vote within the Chickasaw Nation.
Mescalero Apache Tribe v. Jones (1973) 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 (1787) 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 (1924) 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 (1978) 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 (1646-1675) 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 (1953) 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 (1918) 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 (1900) 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.