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."
(4 points)
The issues of citizenship and tribal sovereignty in the United States have been shaped by various legal developments that have impacted the relationship between tribal nations and the federal government. These legal developments have had significant implications for both Indigenous Americans and the American legal system as a whole.
One key aspect of this relationship is the recognition of tribal sovereignty. In the 1831 case of Cherokee Nation v. Georgia, the Supreme Court established the concept of tribal sovereignty by ruling that the Cherokee Nation was a "domestic dependent nation" rather than a foreign country. This recognition laid the foundation for the federal government's control over tribal affairs and the establishment of federally controlled trusts.
Furthermore, in the 1832 case of Worcester v. Georgia, the Supreme Court declared that state laws have no force within Indigenous American lands. This decision solidified the coequal nature of state and tribal authority, affirming that tribal nations retain their inherent rights to self-governance within their territories.
More recently, the 2020 case of McGirt v. Oklahoma made significant strides in shaping the relationship between tribal nations and the federal government. In this case, the Supreme Court ruled that states do not have jurisdiction to prosecute crimes in areas promised to Indigenous Americans, despite the legal tradition of state control. This decision emphasized the importance of honoring historical treaties and recognizing the sovereignty of tribal nations, even in matters of criminal jurisdiction.
Another significant legal development is the 2021 case of United States v. Cooley, where the Supreme Court ruled that tribal police have the authority to search non-Indigenous Americans when on tribal land. This decision affirmed the powers of tribal law enforcement and highlighted tribal sovereignty even when dealing with individuals who are not members of the tribe. It further solidified the notion that tribal nations have inherent governance rights within their territories.
Overall, these legal developments have shaped the relationship between tribal nations and the federal government in matters of citizenship and tribal sovereignty. They have established principles such as federally controlled trusts, the coequal nature of state and tribal authority, and the recognition of tribal jurisdiction over non-tribal members on tribal lands. These legal developments have contributed to the ongoing process of recognizing and respecting the rights and sovereignty of Indigenous American tribes within the United States.