Overview of Indian Law in the United States

Study Notes

Indian Law: An Overview

Indian law, also known as American Indian law or federal Indian law, refers to the body of legislation, regulation, and jurisprudence that pertains to the relationships between the United States government and Native American communities. It covers a broad spectrum of matters, ranging from tribal governance and sovereignty to natural resource management and civil rights.

Historical Context

Indian law has a long and complex history, reflecting the evolving relationship between Native Americans and the U.S. government. The origins of federal Indian law can be traced back to the Marshall Trilogy, consisting of three landmark Supreme Court cases: Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832). These decisions established federal primacy in Indian affairs, excluded state law from Indian country, and recognized tribal governance authority. Subsequent developments have shaped the contours of Indian law as it is known today.

Key Concepts and Principles

Guiding principles in Indian law include:

Congress' plenary power in the exercise of its Indian affairs duties
The United States' duty of protection to Indian nations and their members
Indian nations' inherent sovereign powers, subject to divestiture only by agreement or by Congress
State law does not apply in Indian country absent authorization by Congress
Federal intent must be clear when divesting tribal sovereignty

Current Developments

Today, ongoing challenges revolve around issues such as jurisdiction, tribal self-determination, and resource management. For example, disputes over tribal court jurisdiction continue to be litigated before the U.S. Supreme Court, such as the case of Plains Commerce Bank v. Long Family Cattle Co. (07-411). Additionally, there are numerous federal statutes dealing with various aspects of Indian rights and governance, including the Indian Reorganization Act and the Indian Civil Rights Act.

In summary, Indian law encompasses a rich and diverse legal landscape that reflects the unique relationships between Native American communities and the U.S. government. As the field continues to evolve, it remains crucial for researchers, advocates, and policymakers to stay abreast of these developments and engage in ongoing dialogue and collaboration.

Description

Explore the history, key concepts, and current developments in Indian law, focusing on the intricate relationships between Native American communities and the U.S. government. Delve into principles such as federal primacy, tribal sovereignty, and ongoing legal challenges in this dynamic legal field.