Republicanism, Imperialism, and Sovereignty: A History of the Doctrine of Tribal Sovereignty
Year: 1988
Type: article
Abstract: NDIAN tribes have enjoyed a variety of curious legal statuses and relationships with the United States and individual states.In the early nineteenth century, tribes were recognized as sovereign nations, separate from the states but subject to the jurisdiction of the federal government by terms of treaties.'In the early twentieth century, tribes were identified as dependent, distinct, and uncivilized communities subject to plenary federal control. 2 Currently, tribes are deemed to possess attributes of sovereignty, manifest in limited rights of self-government, derived from federal policy.3 This Article traces the changes in the federal judiciary's view of Indian tribes and attempts to identify the ideological values that drove those changes.The Article focuses on judicial opinions because so much of Indian law is judge-made, having developed with little guidance from the Constitution or any other source of law. 4 In creating and developing Indian law, federal judges drew on their ideas and assumptions about sovereignty, the power and role of government, and the role of the *
Source: eYLS (Yale Law School)
Author: Smith, Jane M.
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W6996053640