Federal Indian Law Basics
Federal Indian law is a complex and evolving field, but several core principles provide a framework for understanding this area of law:
Tribal Sovereignty: Tribes possess inherent sovereignty, meaning they have the right to govern themselves, make their own laws, and regulate their internal affairs. This sovereignty predates the United States and is not delegated by the federal government.
Federal Trust Responsibility: The United States government has a trust responsibility toward federally recognized tribes. This means the government has a legal and moral obligation to protect tribal sovereignty, lands, assets, and resources, and to assist tribes in achieving their goals for self-determination.
Treaties as Supreme Law: Treaties between the U.S. government and tribes are considered the supreme law of the land. These treaties often establish the legal framework for the relationship between the tribe and the federal government, including land rights, hunting and fishing rights, and other important matters.
Limited State Jurisdiction: States generally have limited jurisdiction in Indian Country. Tribal governments have primary jurisdiction over their citizens and territories, although there are exceptions and complexities depending on the specific issue and location.
Federal Plenary Power: While tribes retain sovereignty, Congress possesses plenary power over Indian affairs. This means Congress has broad authority to pass laws that affect tribes, although this power must be exercised in a way that respects tribal sovereignty and treaty rights.
Government-to-Government Relationship: The relationship between the U.S. federal government and tribes is one of government-to-government. This means tribes are not simply interest groups or minorities but rather distinct political entities with inherent rights.
Unique Status of Indian Law: Federal Indian law is a unique and specialized area of law. It is not simply an extension of federal or state law but rather a distinct body of law with its own set of principles and precedents.
These principles are fundamental to understanding the complexities of federal Indian law and the legal and political status of Native American tribes in the United States.