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Doctrine

Tribal sovereignty in the United States

Constitutional, Administrative and Public Law Doctrine
Origin Early 19th century, the Marshall Trilogy Supreme Court decisions (1823-1832)

Tribal sovereignty in the United States is the inherent authority of Indigenous tribes to govern themselves within United States borders, resting on the principle that Native peoples hold inherent rights and a political relationship with the federal government that does not derive from race or ethnicity. The United States Constitution mentions Native American tribes three times, addressing the taxation and representation of Indians not taxed, granting Congress the power to regulate commerce with the Indian tribes and thereby treating tribes as separate political entities, and amending apportionment through the Fourteenth Amendment. The United States recognizes tribal nations as domestic dependent nations, with 575 federally recognized tribes and the federal government acting as trustee of tribal lands and resources; the Indian Appropriations Act of 1871 ended treaty-making and shifted tribal governance from a treaty basis to a statutory one, a change Native Americans steadfastly opposed. Contemporary federal policy emphasizes a government-to-government relationship with tribal nations, though ultimate federal authority still rests on Congress's plenary power over tribal affairs. This description is adapted from Wikipedia contributors under CC BY-SA 4.0; changes were made. https://creativecommons.org/licenses/by-sa/4.0/

Facts
Origin Period
Early 19th century, the Marshall Trilogy Supreme Court decisions (1823-1832) 1
Core Principle
The federal government, not the states, is the sole authority for dealing with Indian nations, whose sovereignty is recognized 1
Origin Period
Origin Period (category)
19th Century (1800-1899) 1
Classification
Doctrine Category
Constitutional Law 2
Connections

In Area Of Law

Entity-backed identity for the doctrine category value this doctrine already carries as an enum fact, resolved to a doctrine entity by an explicit value-to-entity map (phase 3 bucket conversion, docs\design_entity_backed_browse_buckets_20260928.md). The enum fact itself stays on the entity unchanged.

In Legal System

Source Tribal sovereignty in the United States (Wikipedia)
Sources
1. Tribal sovereignty in the United States (Wikipedia)
  • Marshall Trilogy section
    The Marshall Trilogy is a set of three Supreme Court decisions in the early nineteenth century affirming the legal and political standing of Indian nations.
  • Worcester v. Georgia subsection
    England had treated the tribes as sovereign and negotiated treaties of alliance with them. The United States followed suit, thus continuing the practice of recognizing tribal sovereignty.
  • In Legal System: Law of the United States, Introduction
    Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States.
View the Source
2. Wikipedia: Tribal sovereignty in the United States
the inherent authority of Indigenous tribes to govern themselves within the borders of the United StatesView the Source
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