Research Reports
Reflections on Traditional American Indian Ways, 1998
Threats to Tribal Sovereignty, 1998
Traditional American Indian Leadership: A Comparison with U.S. Governance, 1997
Endnotes
- U.S. Constitution, Article 1, section 8, clause 3.
- Three Supreme Court cases serve as a cornerstone for understanding tribal sovereignty: Johnson v. McIntosh, 21 U.S. 543 (1823); Cherokee Nation v. Georgia, 30 U.S. 1 (1831); Worcester v. Georgia, 31 U.S. 515 (1832).
- There have been three notable modifications to the nation-to-nation
relationship between American Indian tribes and the United States government.
- Public Law 280 (18 U.S.C. Sec. 1162, 28 U.S.C. Sec. 1360,
1953) provides for five states, including Minnesota (with the exception
of the Red Lake reservation), to assume general criminal and some
civil jurisdiction over Indian reservations within the state. It
provides for general state jurisdiction over law enforcement, juvenile
justice and courts, and permits state courts to resolve private
disputes that occur on reservations. Tribes retain limited criminal
and general civil jurisdiction.
- Indian Child Welfare Act (25 U.S.C. Sec. 1901-1963, 1978)
establishes procedures state agencies and courts must follow in
handling Indian child custody matters. It creates dual jurisdiction
between states and tribes that defers heavily to tribal governments.
- Indian Gaming Regulatory Act ( 25 U.S.C. Sec. 2701-2721, 1988, supp. 1994) requires states to negotiate in good faith with a tribe to form a compact setting forth games, limits and other terms should a tribe decide to engage in casino gaming.
- Public Law 280 (18 U.S.C. Sec. 1162, 28 U.S.C. Sec. 1360,
1953) provides for five states, including Minnesota (with the exception
of the Red Lake reservation), to assume general criminal and some
civil jurisdiction over Indian reservations within the state. It
provides for general state jurisdiction over law enforcement, juvenile
justice and courts, and permits state courts to resolve private
disputes that occur on reservations. Tribes retain limited criminal
and general civil jurisdiction.
The
Well-Being of American Indian Children in Minnesota: Economic Conditions,
1994
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