Native American Sovereignty (native Americans And The Law)

Native American Sovereignty Edited with an introduction by John R.Wunder University of Nebraska-Lincoln GARLAND PUBLISHING, INC. A MEMBER OF THE TAYLOR & FRANCIS GROUP New York & London 1999 This edition published in the Taylor & Francis e-Library, 2005. “To purchase your own copy of this or any of Taylor & Francis or Routledge's collection of thousands of eBooks please go to www.eBookstore.tandf.co.uk.” Introduction copyright © 1999 John R.Wunder. All rights reserved. The Library of Congress has cataloged the previous edition of this work as follows: Native American sovereignty/edited with introductions by John R. Wunder. p. cm. (Native Americans and the law; 6) Includes bibliographical references. ISBN 0-8153-2490-1 (alk. paper) 1. Indians of North America—Legal status, laws, etc. 2. Indians of North America—Government relations. 3. Indians of North America—Politics and government. I. Wunder, John R. II. Series. KF8205.N386 1996 342.73′0872–dc20 96–34704 [347.302872] CIP ISBN 0-203-01030-2 Master e-book ISBN ISBN 0-8153-3629-2 (Print Edition) Contents Introduction v Indian Sovereignty Kirke Kickingbird et al. Treaty Legislation Markku Henriksson Implications of Treaty Relationships Between the United States and Various American Indian Nations Ward Churchill The U.S. Supreme Court’s Explication of “Federal Plenary Power:” An Analysis of Case Law Affecting Tribal Sovereignty, 1886–1914 David E.Wilkins Self-Determination and the Concept of Sovereignty Vine Deloria Jr. The Origins of Self-Determination Ideology and Constitutional Sovereignty Emma R.Gross The Challenge of Indigenous Self-Determination Russell Lawrence Barsh Indian Tribal Taxation: A Cornerstone of Sovereignty Ann McCullogh Federal Indian Identification Policy: A Usurpation of Indigenous Sovereignty in North America M.Annette Jaimes Crazy Snake and the Creek Struggle for Sovereignty: The Native American Legal Culture and American Law Sidney L.Harring Peterson Zah: A Progressive Outlook and a Traditional Style George M.Lubick The Quest for Sovereignty Linda Medcalf Self-Determination and Subordination: The Past, Present, and Future of American Indian Governance Rebecca L.Robbins International Law and Politics: Toward a Right to Self-Determination for Indigenous Peoples Glenn T.Morris The Future of Indian Nations Vine Deloria Jr and Clifford M Lytle 1 62 74 85 107 115 129 158 174 190 205 222 238 274 307 Vine Deloria Jr. and Clifford M.Lytle Acknowledgments 323 Introduction Sovereignty for Native Americans is defined in many ways. Sometimes it is seen as a question of military control. Ben Kindle wrote his Winter Count for the year 1791 and expressed in Oglala Sioux his definition: “We’ mapi mak’o’ ‘kawih ahi’yayapi’” [Flag around the earth/they carry it along.] He was referring to the new United States nation.1 Modern definitions have become more precise. Article I of the Montevideo Convention on the Rights and Duties of States defined a sovereign nation as having a permanent population, a definitive territory, a functioning government, and an ability to conduct relations with other states.2 Vine Deloria Jr. sees sovereignty as dynamic and evolutionary. A sovereign nation, to Deloria, has the power to “determine its own course of action with respect to other nations,” to control “sufficient territory and military strength,” and “regulate one’s own international functions in the field of domestic