Domestic Dependent Nations
In 1831, the U.S. Supreme Court held that an Indian nation was not a foreign nation but rather a domestic dependent nation under the jurisdiction of the federal government. The Cherokee Nation had sought to sue the state of Georgia in the Supreme Court under the Court’s jurisdiction to hear cases between foreign nations and states. The Cherokee Nation was seeking to stop the state of Georgia from encroaching on Cherokee lands. That issue was ultimately decided in an 1832 case involving an individual on Cherokee lands and the state of Georgia, with the Supreme Court holding that the State’s laws had no force and effect in the Cherokee lands. This case established the principle that state laws do not apply in Indian country unless authorized by federal treaty or other federal law.
Congress dealt with Indian tribes as separate domestic dependent sovereign nations. As such, Indians were not considered citizens of the United States. Congress proceeded to negotiate hundreds of treaties with the sovereign Indian nations until 1871. Under the Constitution, treaties were ratified by the Senate so the House of Representatives had no role. After the House demanded involvement in Indian affairs, Congress suspended treaty-making with Indian tribes in 1871 and began conducting Indian affairs through agreements and statutes approved by Congress, both Senate and House. Treaties that had been ratified before 1871 continued to be recognized as the law of the land.
Allotment to Break Up Indian Lands: 1887
In 1887, Congress passed the General Allotment Act. This signaled a new Indian policy to break up Indian nations and assimilate Indians into American society. Many reservations set aside by the Indian treaties were divided up and allotted out to individual tribal members. Indian lands once held in common by a tribe were parceled out to individual Indian ownership. Individual Indians were encouraged to be farmers and many of them were given U.S. citizenship. In 1924, in recognition of the many Indians who enlisted and fought for the United States in World War I, Congress passed the Indian Citizenship Act giving all Indians citizenship, but not otherwise affecting their rights as Indians.
Reorganization: 1934–1953
In 1934, during the New Deal era in American history, Congress passed the Indian Reorganization Act. This Act recognized the dire economic situation of American Indians.
Indians had lost two-thirds of their land through the allotment process as individual Indian allotments found their way into non-Indian ownership. The Act stopped the allotment of Indian reservation lands to individuals. Most importantly, the Act recognized the sovereign right of Indian peoples to govern themselves which had been discouraged under the assimilation policies. It encouraged tribes to adopt tribal constitutions to govern themselves once again and acknowledged that the assimilation policies had been a failure. Many tribes took advantage of this new law and established modern-day tribal governments. This new deal, however, was short-lived.
Termination: 1953–1970
In 1953, Congress reversed Indian policy and implemented a new Indian policy of “termination.” This policy was intended to make Indians just like every other American. It set out to terminate tribal governments, sell tribal lands, and move Indians into the cities to assimilate them into American society. Successful tribes were targeted first. Their tribal governments were eliminated, with their lands taken out of Indian trust status and placed on local tax rolls or sold outright. Over 100 tribes went through this process before termination was stopped in 1970.
Self-Determination: 1970–Today
In 1970, President Richard Nixon declared in his Indian policy pronouncement that termination was wrong and should be replaced by a new Indian policy of Indian self-determination, which recognized once again the right of Indian nations to govern themselves. Indian self-determination has now been the policy of the United States for 43 years.
Excerpt from “Understanding Tribal Sovereignty: The Native American Rights Fund“