Tribal Relations Between The United States Essay

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Tribal relations to the United States are similar to that of "a ward and his guardian. ' This sentiment was proclaimed in 1831 in Cherokee Nation V. Georgia. The United States has been attempting to integrate Native populations into the American systems since the first settlements arrived from across the sea. Original tribal status was that of ‘dependent domestic nations’1. Recent history has changed the status of Native America to one of self-determination and sovereignty. This status was not determined by the US Constitution as Native Tribes were sovereign people before Colonialization. The Unites States solidified the direct relationship between the Native Nations and the Federal Government with the Indian Commerce Clause of 1879. The Commerce Clause allowed Congress alone the power to regulate commerce between the United States and the Indian tribes.2 The Marshall Trilogy, Chief Justice Marshall’s Supreme Court cases designated the limits of tribal sovereignty for the Native populations being surrounded by the newly formed United States of America. In the first case, Johnson v. M’Intosh, the Court recognized Indian nations do not have a right to enter into treaties without federal approval.3 In Cherokee Nation v. Georgia, Chief Justice Marshal defined the Indian nations as ‘domestic dependent nations.’4 In the final case, Worcester v. Georgia, the Supreme Court recognized the Native nation’s right to self-govern – releasing any control by the States
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