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."
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The issues of citizenship and tribal sovereignty have been a continuous struggle in the United States, with legal developments shaping the complex relationship between tribal nations and the federal government.
One significant legal development that has influenced the relationship between tribal nations and the federal government in matters of citizenship is the Supreme Court case of Cherokee Nation v. Georgia in 1831. In this case, the Supreme Court ruled that the Cherokee Nation was not a foreign country but a "domestic dependent nation." This decision established the precedent of federally controlled trusts, meaning that the federal government had the power to make decisions regarding the Cherokees' citizenship and sovereignty.
Another landmark case that shaped the relationship between tribal nations and the federal government is Worcester v. Georgia in 1832. The Supreme Court ruled that Georgia's laws had no force within Indigenous American lands. This decision established the coequal nature of state and tribal authority, recognizing tribal sovereignty and their right to self-governance.
In more recent years, legal developments have continued to impact the relationship between tribal nations and the federal government in matters of citizenship. The 2020 case of McGirt v. Oklahoma, for example, 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 reinforces the federal government's authority over tribal lands and highlights the importance of respecting tribal sovereignty and treaty rights.
Furthermore, the 2021 case of United States v. Cooley affirmed the authority of tribal police to search non-Indigenous Americans when on tribal land. This decision recognizes the inherent sovereignty of tribal governments and their power to enforce laws on their reservations, even when it involves non-tribal members.
Overall, these legal developments have shaped the relationship between tribal nations and the federal government in matters of citizenship by establishing the principles of tribal sovereignty and recognizing the rights of tribes to self-governance. These decisions have reinforced the federal government's role in overseeing tribal affairs while also acknowledging the importance of respecting tribal sovereignty and treaty rights. However, the ongoing issues of citizenship and tribal sovereignty continue to evolve, and further legal developments are likely to shape the relationship in the future.