The legal precedent established for tribal sovereignty by this ruling, according to the excerpt, is that tribal areas are not foreign nations but wards or domestic dependent nations of the U.S.
Use the excerpt to answer the question.
“The condition of the Indians, in relation to the United States, is perhaps unlike that of any other two people in existence. In general, nations not owing a common allegiance are foreign to each other. The term foreign nation is with strict propriety applicable by either to the other. But the relation of the Indians to the United States is marked by peculiar and cardinal distinctions which exist nowhere else. The Indians are acknowledged to have an unquestionable, and heretofore an unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government. It may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can with strict accuracy be denominated foreign nations. . . Their relations to the United States resemble that of a ward to his guardian. They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the President as their great father.”
According to this excerpt from the Supreme Court case Cherokee Nation v. Georgia (1831), what legal precedent was established for tribal sovereignty by this ruling?
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Responses
States do not have jurisdiction to prosecute crimes in areas previously promised to Indigenous Americans despite legal traditions of state control.
States do not have jurisdiction to prosecute crimes in areas previously promised to Indigenous Americans despite legal traditions of state control.
Tribal areas are not foreign nations but wards or domestic dependent nations of the U.S.
Tribal areas are not foreign nations but wards or domestic dependent nations of the U.S.
Tribal authority to police extends beyond Indigenous Americans to all U.S. citizens who might be present on tribal land.
Tribal authority to police extends beyond Indigenous Americans to all U.S. citizens who might be present on tribal land.
Tribal areas are coequal with states, thus giving Indigenous Americans the same power to tax and police.
1 answer
1 answer