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."
The issues of citizenship and tribal sovereignty in the United States have been influenced by various legal developments throughout history. These developments have shaped the relationship between tribal nations and the federal government, particularly in matters of citizenship.
One key legal development that has impacted tribal sovereignty is the Supreme Court case of Cherokee Nation v. Georgia in 1831. In this case, the Supreme Court ruled that the Cherokee Nation was a "domestic dependent nation" rather than a foreign country. This ruling established the precedent of federally controlled trusts, asserting the federal government's authority over tribal nations. The recognition of tribal nations as dependent on the federal government has had implications for citizenship, as tribal members are not automatically granted U.S. citizenship and must navigate a complex legal framework to obtain it.
Another significant case that has shaped the relationship between tribal nations and the federal government is Worcester v. Georgia in 1832. In this case, the Supreme Court declared that Georgia's laws had no force within Indigenous American lands. This ruling recognized the coequal nature of state and tribal authority, emphasizing the inherent sovereignty of tribes over their territories. However, despite this recognition, the issue of tribal citizenship remained contentious, with the federal government often asserting control over tribal membership and citizenship rights.
More recently, the Supreme Court case of McGirt v. Oklahoma in 2020 had significant implications for tribal sovereignty and citizenship. The Court ruled that states do not have jurisdiction to prosecute crimes in areas that were promised to Indigenous Americans, reaffirming the legal tradition of tribal control. This decision emphasized the importance of honoring treaty obligations and recognizing tribal sovereignty, which in turn has an impact on tribal citizenship.
The 2021 case of United States v. Cooley further contributed to the discussion of citizenship and tribal sovereignty. The Supreme Court ruled that tribal police have the authority to search non-Indigenous Americans when on tribal land. This recognition of tribal law enforcement's authority signifies a degree of self-governance and sovereignty, which has implications for tribal citizenship and the rights of non-Indigenous individuals within tribal territories.
Overall, these legal developments have shaped the relationship between tribal nations and the federal government in matters of citizenship. The recognition of tribes as "domestic dependent nations," the affirmation of tribal sovereignty, and the acknowledgment of their jurisdiction over certain matters all contribute to the complex landscape of tribal citizenship. While progress has been made in recognizing tribal self-governance and sovereignty, challenges remain in fully addressing the issues of citizenship and tribal sovereignty in the United States.