Use your knowledge from what you learned in this unit along with the excerpt from lesson 12 below to help you answer the following essay prompt; discuss the issues of citizenship and tribal sovereignty in the United States. How have legal developments shaped the relationship between tribal nations and the federal government in matters of citizenship? "Supreme Court Cases that have affirmed the characteristics of tribal sovereignty. In the 1831 case, Cherokee Nation v. Georgia, the Supreme Court ruled that the Cherokee Nation was not a foreign country, but a "domestic dependent nation". This established the precedent of federally controlled trusts In the 1832 case of Worcester v. Georgia, the Supreme Court ruled that Georgia's laws had no force within Indigenous American lands. This established the coequal nature of state and tribal authority. In the 2020 case McGirt v. Oklahoma, the Supreme Court ruled that states do not have jurisdiction to prosecute crimes in areas that were promised to Indigenous Americans despite the legal tradition of state control. In the 2021 case United States v. Cooley, the Supreme Court ruled that tribal police have the authority to search non-Indigenous Americans when on tribal land."

Question

Use your knowledge from what you learned in this unit along with the excerpt from lesson 12 below to help you answer the following essay prompt; discuss the issues of citizenship and tribal sovereignty in the United States. How have legal developments shaped the relationship between tribal nations and the federal government in matters of citizenship? "Supreme Court Cases that have affirmed the characteristics of tribal sovereignty. In the 1831 case, Cherokee Nation v. Georgia, the Supreme Court ruled that the Cherokee Nation was not a foreign country, but a "domestic dependent nation". This established the precedent of federally controlled trusts In the 1832 case of Worcester v. Georgia, the Supreme Court ruled that Georgia's laws had no force within Indigenous American lands. This established the coequal nature of state and tribal authority. In the 2020 case McGirt v. Oklahoma, the Supreme Court ruled that states do not have jurisdiction to prosecute crimes in areas that were promised to Indigenous Americans despite the legal tradition of state control. In the 2021 case United States v. Cooley, the Supreme Court ruled that tribal police have the authority to search non-Indigenous Americans when on tribal land."

Answer 1

The issues of citizenship and tribal sovereignty have been complex and critical in the United States. Throughout history, legal developments have shaped the relationship between tribal nations and the federal government, often with significant ramifications for citizenship.

One key aspect of this relationship is the recognition of tribal sovereignty. The excerpt from Lesson 12 highlights several Supreme Court cases that have affirmed the characteristics of tribal sovereignty. In the 1831 case of Cherokee Nation v. Georgia, the Supreme Court established the precedent of considering tribal nations as "domestic dependent nations" rather than foreign countries. This ruling recognized the inherent sovereignty of tribes but also subjected them to federal oversight and control.

Another landmark case, Worcester v. Georgia in 1832, emphasized the coequal nature of state and tribal authority. The Court ruled that Georgia's laws had no force within Indigenous American lands. This decision established the principle that tribal governments possess inherent powers and a distinct legal status within the United States.

Furthermore, more recent cases have continued to shape the relationship between tribal nations and the federal government. In the 2020 case of McGirt v. Oklahoma, the Supreme Court ruled that states do not have jurisdiction to prosecute crimes in areas that were promised to Indigenous Americans. This decision reaffirmed the importance of honoring tribal treaty rights and the legal traditions regarding tribal claims to land.

Moreover, the 2021 case of United States v. Cooley further affirmed tribal sovereignty by recognizing the authority of tribal police to search non-Indigenous Americans on tribal land. This ruling acknowledged the jurisdictional power of tribal governments and their ability to enforce laws on their territories, even when involving individuals who are not citizens of the tribe.

These various Supreme Court cases reflect the evolving understanding of tribal sovereignty and its implications for citizenship. While tribal nations possess inherent sovereignty, they have often faced limitations and federal oversight. Nonetheless, legal developments have increasingly recognized the rights, powers, and jurisdiction of tribal governments in matters related to citizenship and governance on tribal lands.

In conclusion, the relationship between tribal sovereignty and citizenship in the United States has been shaped by legal developments. Supreme Court cases like Cherokee Nation v. Georgia, Worcester v. Georgia, McGirt v. Oklahoma, and United States v. Cooley have affirmed and clarified the characteristics of tribal sovereignty. These cases have established the precedence of federal control, the coequal nature of state and tribal authority, and the recognition of tribal jurisdiction over non-Indigenous individuals on tribal land. These legal developments continue to influence the relationship between tribal nations and the federal government, shaping citizenship rights and the exercise of sovereignty within tribal communities.