 Seminole Tribe of Florida v. Florida (1996) |
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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.
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| Statement of the Chickasaw Freedmen, Setting Forth Their Wrongs, Grievances, Claims and Needs (1894) |
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This statement prepared by members of the Committee of Chickasaw Freedmen's Association recounts how the Chickasaw Nation had not met its treaty obligations to Chickasaw Freedpeople.
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| The Five Civilized Tribes Act (1906) |
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This 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.
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| The Great Law of Peace of the Iroquois Confederacy (1142) |
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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.
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| The Treaty of 1866 and the Long Fight for Black Belonging in the Choctaw and Chickasaw Nations |
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This module reframes histories of the Civil War, emancipation, and Reconstruction by analyzing how enslaved and freed Black people in the Choctaw and Chickasaw Nations struggled to actualize their freedoms amid contested tribal and federal jurisdictions. Ultimately, the module elucidates how Black enslaved and Freedpeople in the Chickasaw and Choctaw Nations developed unique methods of resistance and visions of freedom shaped by the legal paradigms forged in the Treaty of 1866.
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| The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution |
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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.
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| Treaty of Fort Laramie (1868) |
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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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| Treaty of Fort Stanwix (1768) |
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This treaty is the first formal treaty between the British and the Six Nations following the French and Indian War. Large amounts of Native American land were ceded to the British as a result of this treaty.
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| Treaty with the Choctaw and Chickasaw (1866) |
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The 1866 Treaty with the Choctaw and Chickasaw was one of a series of treaties between the United States government and each of the "Five Civilized Tribes" (the Cherokee, Chickasaw, Choctaw, Muscogee Creek, and Seminole Nations) at the end of the Civil War. The treaty details the stipulations for the Choctaw and Chickasaw Nations to re-establish their allegiance with the U.S. after allying with the Confederate States of America during the Civil War. Among other provisions, the Choctaw and Chickasaw Treaty of 1866 included articles that outlawed slavery within both nations (except as a punishment for crime), provided a pathway for citizenship and civil rights for the Freedmen of both nations, and ceded lands to the United States.
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| Treaty with the Navajo Nation (1868) |
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The 1868 Treaty with the Navajo allowed them to return to their ancestral lands during a period of history where the U.S. government were removing Native Americans from their homelands.
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| U.S. Constitutionalism and Native American Sovereignty |
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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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| United States v. Joseph (1876) |
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In this case, the Supreme Court ruled that the Pueblo people were not Indians within the meaning of the Indian Nonintercourse Act in part because they had received full legal title to their land from the Spanish.
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| United States v. Kagama (1886) |
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This Supreme Court case asserted the federal government's role in criminal jurisdiction on tribal lands. The Court ruled that the Indian Major Crimes act was constitutional, therefore federal courts had jurisdiction to indict Native defendants for murder.
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| United States v. Sandoval (1913) |
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In this case, the Supreme Court ruled that the Pueblo people were Indians, repudiating the earlier United States v. Joseph decision which had held that they were not. The title to Pueblo lands was now seen as held by tribes instead of in fee simple, meaning that Congressional approval was needed in order to make land sales. This undermined the legitimacy of non-Indian land titles across New Mexico.
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| United States v. Yellow Sun (1870) |
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In this case, a federal court in Nebraska debated the question of federal or state jurisdiction over Native Americans suspected of a crime committed outside a reservation. The court held that there were no treaty rights or congressional provisions that required federal jurisdiction, therefore states had jurisdiction over crimes committed within its boundaries unless on tribal land. They also held that because crimes committed on tribal lands were not in violation of any federal laws, the state had civil and criminal jurisdiction over tribal lands.
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| Webinar - The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution (2025) |
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In this webinar, Professor Keith Richotte, Jr., of the University of Arizona discusses the Supreme Court's understanding of Native America from an Indigenous perspective with Dr. Katrina Jagodinsky and her Rights & Wrongs in American Legal History class.
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| Webinar - U.S. Constitutionalism and Native American Sovereignty (2023) |
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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.
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| Worcester v. Georgia (1832) |
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In this case, the Supreme Court ruled that the Cherokee people had sovereign powers as a nation. The case arose after a Protestant missionary was convicted of residing among the Cherokee Nation in Gwinnett County, Georgia, without a license from the state. The Supreme Court vacated Worcester's conviction, stating that individual states did not have authority over Native American affairs
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