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."
Legal developments have played a significant role in shaping the relationship between tribal nations and the federal government in matters of citizenship. The issues of citizenship and tribal sovereignty in the United States have been addressed and defined through various Supreme Court cases.
The 1831 case of Cherokee Nation v. Georgia set an important precedent by establishing the Cherokee Nation as a "domestic dependent nation" rather than a foreign country. This ruling affirmed the characteristics of tribal sovereignty and recognized the political status of tribes within the United States. It established the concept of federally controlled trusts, asserting that the federal government had a duty to protect and govern tribal nations.
Another important case that shaped the relationship between tribal nations and the federal government was Worcester v. Georgia in 1832. In this case, the Supreme Court ruled that the laws of Georgia had no force within Indigenous American lands. This decision recognized the coequal nature of state and tribal authority, affirming tribal sovereignty and jurisdiction over their own lands. It highlighted that tribal nations were distinct political entities with inherent rights that must be respected by the states.
The more recent cases of McGirt v. Oklahoma in 2020 and United States v. Cooley in 2021 also significantly impacted the relationship between tribal nations and the federal government. In the McGirt case, 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. This decision recognized the continued existence of tribal sovereignty and affirmed the importance of honoring historical treaties and agreements.
Similarly, in the Cooley case, the Supreme Court ruled that tribal police have the authority to search non-Indigenous Americans when on tribal land. This decision reaffirmed the tribal authority and sovereignty over their territories, recognizing the power of tribal governments to enforce their own laws and maintain order within their communities.
Overall, these Supreme Court cases have played a crucial role in shaping the relationship between tribal nations and the federal government in matters of citizenship. They have affirmed the characteristics of tribal sovereignty, recognized the political status of tribes, and established the coequal nature of state and tribal authority. These legal developments have worked to protect the rights and autonomy of tribal nations, while also acknowledging the historical treaties and agreements that shape the relationship between tribal nations and the federal government.