Plan: What is the home rule?


Native American reservations


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Home rules

Native American reservations. The United States federal government provides limited self-rule to some federally recognised Native American tribes over their lands on reservations. Tribal lands are recognised as "dependent domestic nations" and operate a parallel system of governance and law independent of the state(s) that the reservation lies within, sometimes including separate police forces. For instance, some tribes are permitted to operate gambling establishments which may be illegal in the surrounding state or states. Reservations are not states and have no direct representation in Congress, and the citizens vote as citizens of the state by which they are surrounded. Furthermore, unlike the sovereignty of state legislatures, tribal sovereignty and land ownership are not guaranteed by the Constitution and is granted only by an act of Congress, which can be repealed or altered at any time.
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. Originally, the U.S. federal government recognized American Indian tribes as independent nations, and came to policy agreements with them via treaties. As the U.S. accelerated its westward expansion, internal political pressure grew for "Indian removal", but the pace of treaty-making grew nevertheless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871, Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as "domestic dependent nations" and uses its own legal system to define the relationship between the federal, state, and tribal governments.
Native American sovereignty and the Constitution.
The United States Constitution mentions Native American tribes three times:

  • Article I, Section 2, Clause 3 states that "Representatives and direct Taxes shall be apportioned among the several States ... excluding Indians not taxed". According to Story's Commentaries on the U.S. Constitution, "There were Indians, also, in several, and probably in most, of the states at that period, who were not treated as citizens, and yet, who did not form a part of independent communities or tribes, exercising general sovereignty and powers of government within the boundaries of the states".

  • Article I, Section 8 of the Constitution states that "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes", determining that Indian tribes were separate from the federal government, the states, and foreign nations;

  • The Fourteenth Amendment, Section 2 amends the apportionment of representatives in Article I, Section 2 above.

These constitutional provisions, and subsequent interpretations by the Supreme Court (see below), are today often summarized in three principles of U.S. Indian law:

  • Territorial sovereignty: Tribal authority on Indian land is organic and is not granted by the states in which Indian lands are located.

  • Plenary power doctrine: Congress, and not the Executive Branch or Judicial Branch, has ultimate authority with regard to matters affecting the Indian tribes. Federal courts give greater deference to Congress on Indian matters than on other subjects.

  • Trust relationship: The federal government has a "duty to protect" the tribes, implying (courts have found) the necessary legislative and executive authorities to effect that duty.


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