9.1 Historical Context of Tribal-State Relations
2 min read•august 9, 2024
Tribal-state relations have a complex history rooted in colonization, conflict, and shifting federal policies. From early land seizures to forced relocations, Native American tribes faced numerous challenges in their interactions with state and federal governments.
The 20th century brought significant changes to tribal-state dynamics. Policies shifted from termination to self-determination, while key legislation and Supreme Court cases reshaped the legal landscape of and .
Early Eras of Federal Indian Policy
Colonial Expansion and Conflict
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- Colonization began with European arrival in North America during 15th and 16th centuries
- European powers established colonies, displacing Native American tribes from ancestral lands
- Conflicts arose between colonists and Native Americans over territory and resources
- Treaties signed between colonial governments and tribes often disregarded or violated
- Indian Wars erupted as Native Americans resisted encroachment on their lands (, )
Forced Relocation and Land Seizure
- Removal Era initiated by of 1830 under President Andrew Jackson
- Policy aimed to forcibly relocate eastern tribes to lands west of Mississippi River
- resulted in thousands of Cherokee deaths during forced relocation
- Other tribes affected included Choctaw, Chickasaw, Muscogee, and Seminole
- Allotment Era began with () of 1887
- Aimed to break up tribal lands into individual parcels, forcing assimilation
- Resulted in significant loss of Native American land holdings, reduced from 138 million acres to 48 million acres by 1934
20th Century Eras of Federal Indian Policy
Shifting Federal Approaches
- (1940s-1960s) sought to end federal recognition of tribes
- Aimed to assimilate Native Americans into mainstream society
- Resulted in loss of tribal status, land, and federal services for affected tribes
- began in 1970s, promoting tribal autonomy and self-governance
- of 1975 allowed tribes to manage federal programs
Legislative Developments
- enacted in 1953, transferred federal criminal jurisdiction to certain states
- Affected six mandatory states (California, Minnesota, Nebraska, Oregon, Wisconsin, Alaska)
- Optional states could assume jurisdiction over tribal lands within their borders
- of 1968 extended certain constitutional protections to tribal governments
- Limited tribal governments' power to restrict individual rights
- Required tribal courts to follow due process and equal protection principles
Key Supreme Court Cases
Defining Tribal Sovereignty
- (1832) established important principles of tribal sovereignty
- ruled that Georgia laws had no force on Cherokee territory
- Affirmed that tribal nations are "distinct political communities" with inherent sovereignty
- Established federal government as primary authority in Indian affairs, not states
- Decision laid foundation for concept of tribal sovereignty in U.S. law
- Despite ruling, President Andrew Jackson refused to enforce it, leading to forced removal of Cherokee
- Case continues to influence federal Indian law and tribal-state relations to this day
Key Terms to Review (17)
Chief Justice John Marshall: Chief Justice John Marshall was the fourth Chief Justice of the United States, serving from 1801 to 1835. He is known for establishing the principle of judicial review and greatly influencing the relationship between federal and state powers, which has significant implications for tribal-state relations throughout history.
Dawes Act: The Dawes Act, enacted in 1887, aimed to assimilate Native Americans into American society by allotting individual plots of land to tribal members and promoting farming. This act significantly altered the land ownership patterns of tribes, breaking up communal lands and undermining tribal governance structures while attempting to erase Native cultures.
French and Indian War: The French and Indian War was a conflict fought between 1754 and 1763, primarily in North America, between the British colonies and New France, with various Native American tribes aligning with both sides. This war set the stage for significant changes in the power dynamics between European nations and Native American tribes, ultimately affecting tribal-state relations in the years that followed.
General Allotment Act: The General Allotment Act, also known as the Dawes Act, was enacted in 1887 with the purpose of assimilating Native Americans into American society by allotting them individual parcels of land while reducing tribal land holdings. This act significantly altered tribal governance and land ownership, leading to a loss of communal land and resources, while also creating a complicated relationship between tribes and state governments as they navigated new legal frameworks regarding land rights.
Government-to-government relationship: A government-to-government relationship refers to the formal interactions and exchanges between tribal governments and federal or state governments, recognizing the sovereignty and authority of each party. This relationship is essential for addressing the rights, responsibilities, and mutual obligations that exist in the context of tribal governance and federal recognition, impacting treaties, funding, and sovereignty issues.
Indian Civil Rights Act: The Indian Civil Rights Act (ICRA) of 1968 is a federal law that extends certain constitutional rights to individuals in Indian Country, aiming to protect the civil liberties of Native Americans within tribal governments. This act established a framework for addressing individual rights while still recognizing the sovereignty of tribes, creating a balance between federal oversight and tribal self-governance.
Indian Removal Act: The Indian Removal Act was a law passed by the U.S. Congress in 1830 that authorized the forced relocation of Native American tribes from their ancestral homelands in the Southeastern United States to designated 'Indian Territory' west of the Mississippi River. This act marked a significant turning point in U.S. policy toward Native Americans, reflecting a broader agenda of expansion and control that diminished tribal governance and sovereignty.
Indian Self-Determination and Education Assistance Act: The Indian Self-Determination and Education Assistance Act, passed in 1975, allows Native American tribes greater autonomy in managing their own affairs, including education and social services. This act marked a significant shift from previous federal policies by recognizing the rights of tribes to self-governance and control over federal funds allocated for their communities.
Intergovernmental relations: Intergovernmental relations refer to the interactions and relationships between different levels of government, including tribal, state, and federal authorities. This term highlights how these entities cooperate, negotiate, and sometimes clash over jurisdictional issues, policy implementation, and resource management. In the context of Native American governance, these relationships are crucial for understanding the dynamics of power, sovereignty, and the challenges faced by tribal nations in navigating the complex legal landscape.
Pequot War: The Pequot War was a conflict between the Pequot tribe and English settlers in New England from 1636 to 1638. This brutal war resulted from rising tensions over land, trade, and territorial expansion, ultimately leading to the near destruction of the Pequot tribe and a significant shift in Native American and colonial relations in the region.
Public Law 280: Public Law 280 is a federal law enacted in 1953 that allowed certain states to assume jurisdiction over criminal and civil matters on Native American reservations without the consent of the tribes. This legislation marked a significant shift in the balance of power between tribal, state, and federal governments, impacting tribal sovereignty and governance.
Self-Determination Era: The Self-Determination Era refers to a period starting in the 1960s during which Native American tribes began to assert their rights to self-governance and cultural preservation, moving away from policies of assimilation and termination. This era was marked by significant legislative and legal advancements that recognized tribal sovereignty and promoted community autonomy, reshaping the relationship between tribes and the federal government.
Termination era: The termination era refers to a period in U.S. policy, particularly from the 1940s to the 1960s, when the federal government aimed to assimilate Native Americans into mainstream American society by terminating the special legal status of tribes and ending the federal trust responsibility. This era was marked by efforts to dismantle tribal governments and allot tribal lands, leading to significant social, economic, and cultural disruption for Native American communities.
Trail of Tears: The Trail of Tears refers to the forced removal and relocation of Native American tribes, particularly the Cherokee, from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River during the 1830s. This tragic event highlights the struggles for sovereignty and governance faced by tribes as European settlers expanded their territories, leading to devastating consequences for Indigenous populations.
Tribal jurisdiction: Tribal jurisdiction refers to the legal authority that tribal governments have to regulate activities and enforce laws within their own territories. This authority stems from the inherent sovereignty of tribes and is influenced by federal laws, court rulings, and treaties, allowing tribes to govern their members and lands while sometimes facing limitations from state and federal governments.
Tribal sovereignty: Tribal sovereignty refers to the inherent authority of Indigenous tribes to govern themselves, make laws, and manage their own affairs independent of external control. This concept is crucial as it acknowledges the unique legal status of tribes as distinct political entities within the United States, influencing their relationships with federal and state governments.
Worcester v. Georgia: Worcester v. Georgia is a landmark Supreme Court case from 1832 that established that states do not have the authority to enforce laws within Native American territories, recognizing the sovereignty of tribal nations. This decision was significant in shaping the legal framework of tribal-federal relations and highlighted the need for federal recognition and protection of tribal sovereignty, impacting treaty interpretation, land rights, and the dynamics between state and tribal governments.