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These tribal governments are legally defined as “federally recognized tribes.” Two-hundred-and-twenty-nine of these tribal nations are located in Alaska; the remaining tribes are located in 35 other states. In total, tribal governments exercise jurisdiction over lands that would make Indian Country the fourth largest state in the nation. “The Congress shall have the power to…regulate commerce with foreign nations, and among the several states, and with the Indian tribes.” - Article 1, Section 8, United States Constitution Tribal governments are an important and unique member of the family of American governments. The US Constitution recognizes that tribal nations are sovereign governments, just like Canada or California. Sovereignty is a legal word for an ordinary concept—the authority to self-govern. Hundreds of treaties, along with the Supreme Court, the President, and Congress, have repeatedly affirmed that tribal nations retain their inherent powers of self-government. These treaties, executive orders, and laws have created a fundamental contract between tribes and the United …show more content…
In partnership with tribes and key Native leaders across the country, we have identified an array of no-cost or low-cost opportunities for the Administration and Congress to reduce administrative burdens and recognize parity among tribal and state governments. Legal BriefingsView All Mark Wandering Medicine, Et Al. (Plaintiffs-Appellants) v. Linda McCulloch, Et Al. (Defendants-Appellees.) - Brief of Amicus Curiae in Support of Plaintiffs-Appellants in Support of Reversal Mar 27, 2013 Match-E-Be-Nash-She-Wish Band of Pottawtomi Indians v. David Patchak Sep 26, 2011 United States of America v. Jicarilla Apache Nation Brief as Amici Curiae Supporting Respondent Mar 30, 2011 NCAI PublicationsView All 2017 Annual Policy Update Oct 16, 2017 2017 Mid Year Policy Update Jun 10, 2017 NCAI Analysis of the FY 2018 President's
United States. Department of the Interior. National Parks Service. Memorandum on Government-to-Government Relations with Native American Tribal Governments. By William J. Clinton. National Parks Service, 4 May 1994. Web. 16 Dec. 2013.
Instead, the Constitution grants Congress the power to pass legislation regulating all commerce bar intrastate trade (U.S. Const. art. I, § 8, cl. 3). Coupled with the subsequent clause enabling Congress to pass any legislation they deem necessary in order to carry out the laws passed by dint of the body’s Constitutionally-enumerated powers (U.S. Const. art. I, § 8, cl. 18), the enumerated power to regulate interstate and international commerce endows Congress with a significant capacity to control the nation’s
Tribal lands were not all purely native Americans. Interracial marriages encouraged the potential for bully and abuse within their own tribal lands. This encouraged formal acts of government within the tribes such as, court trials that resulted in the extension of Native American sovereignty. But it also allowed for the tribes to govern themselves “legal grey areas” which were clearly evident to the Native Americans and many conflicts arose because of the procrastination of fixing the problem at hand. Native Americans have fought against the suppression of rights and discrimination but persevered adopting new rights to vote, along with the ability to self-govern their own communities and deal with their own domestic laws under the United States of
The two items which are defined in the document are “(1) The tribal organization. (2) The Indian reservation.” For one, the United States government set up the Indian reservations, creating poor living conditions that would hinder the ability to progress at the rate that the Untied States formulated for them. The soil, for instance, in Oklahoma, where most of the reservations were at during this time, were awful for farming. Therefore, the Indians would starve and be in ill health. Again, the United States contradicted itself in regards to Indian policy, by choosing to ignore the most crucial parts of history that led to the poor conditions of the
It has long been taught that the first constitution and the idea of a representative government first came into existence with the creation of the United States’ constitution. However, six hundred years prior to that creation, a group of native tribes came together and forged the America’s true first constitution. Through this creation, a powerful nation, known as the Haudenosaunee, or known to Europeans as the Iroquois Nation, became an important part in the shaping of the Americas. The creation of this constitution would serve as a model for the need and creation of the United States’ own constitution. By examining the “why” it was created, the principles held within
The Navajo Nation consists of Utah, Arizona, and New Mexico. The Navajoland is larger than 10 of the 50 states in America. Navajo Nation is the name of a sovereign Native American established by the Dine (1). To be en-enrolled member of the Navajo Tribe, the person requesting to be enrolled has to have a blood-quantum of one-fourth degree Indian blood. When you have one-fourth blood quantum, you get a Certificate of Indian Blood (C.I.B). In comparison some tribes require only one-thirty-second blood quantum for the Certificate of Indian Blood. The Navajo Nation Tribal Council voted down a proposal to reduce the blood quantum to one-eighth. With this proposal the Navajo Nation would have doubled the number of individuals qualified to be enrolled Navajo tribal members. Navajos define the territorial boundaries that the nation controls and define the membership by boundaries of the population that comprises the nation. The Navajos are unique in their own way; we have so many traditions, beliefs, values and teachings among out people.
Reservations are land that belong to the tribe. They make the rules, have its own government, police, etc. The reservation is just like a small country, but they have to abide the american laws. In the past, there were two leader, one that took care of war plans, like military and police, and they were elected by other warriors of the tribe, he was called the war chief . The other was passed down by the father, he took care of the domestic and diplomatic things, called a peace chief.
Narrow construction is not found in the Constitution, but the powers granted to Congress to regulate commerce are found. Exactly stated, “Congress shall have power to regulate commerce with foreign nations, and among the several States, and with the Indian tribes.” This clause has no definite interpretation, but has included many aspects of regulating. The word “commerce” is defined as the exchange or buying and selling of commodities on a large scale involving transportation from place to place (Webster 264). Congress has exercised this delegated power in many cases. The nature and basic guidelines of Congress’ power over commerce is first laid out in the case of Gibbons v. Ogden. In addition, the case United States v. Lopez is a prime example of Congress’ ability to carry out the Commerce Clause to the furthest extent. Lastly, the case National Labor Relations Board v. Jones & Laughlin Steel Corporation brings to light the Wagner Act of 1935. Through a review of these three cases, it can be concluded that there are no real limitations on Congress when regulating commerce.
The term sovereignty is a broad topic that has many different definitions. The most common definition is a nation or groups ability or right to govern themselves. Sovereignty is a term and idea that goes hand in hand with Native Americans throughout history. Native American tribes were once considered sovereign nation until shortly after the arrival of European settlers. Native Americans lost their sovereignty due to the forceful assimilation into white culture by European settlers. The problem with this is that Native Americans have been in North American, acting as self-governing groups, since the beginning days. What sets Native Americans apart from other “minority groups” is that they have existed as self-governing peoples and are more than a group
In conclusion, the persistent disparities in American Indians and Alaska Natives communities are deeply rooted in historical trauma. To improve the health status of AI/AN there needs more American Indian/Alaska Natives delivery health care to the community. More importantly, tribal leaders and the AI/AN community must participate in raising the health status of the community. It should not take a congressional action to decrease the disparities plaguing the American Indian/Alaska Native communities.
The US government’s official role in Indian affairs began as far back as the Continental Congress (1786) when the Indian tribes were still considered independent nations with whom the settlers had to make treaties (Jackson 1). The purposes for these interactions were to buy land and to keep peace between encroaching settlers and natives.
Today, most of the Navajo code talkers have been forgotten. Those who’s memories still linger are honored highly. The Navajo are the largest Indian tribe in the United States and live on the largest reservation, which covers over three states on 17 million acres. The states include Arizona, New Mexico, Utah and a small part of Colorado. The Navajo are continuing to grow and keep their culture, nation and tradition alive.
In approaching this topic, I first realized that I need to look up some general information about Native Americans in the United States. According to the Department of the Interior, Bureau of Indian Affairs (BIA), there are approximately 564 federally recognized tribes in the United States today (Who we are, n.d). This group does not include tribes that do not have federal recognition but are recognized at the state level.
The Native American Reservation system was a complete failure. This paper focuses on the topics of relocation, Native American boarding schools, current conditions on today’s reservations, and what effects these have had on the Native American way of life.
The State of the Native Nations. New York: Oxford University Press, 2008. 221-222. Webster, Merriam. Dictionary and Thesaurus.