American Indians and their sovereignty issues

The Sovereignty of American Indians and the Mainstream Community

Is There a Possibility to Coexist

Nowadays we often hear the word 'sovereignty ' when it comes down to the issues related to American Indians . Sovereignty and related words such as self-sufficiency , self-determination and personal responsibility are everywhere . It 's nothing new . Indian tribes long have regarded their status as sovereign nations as allowing them special permission to determine their own laws , customs and ways . They see this as something assured them by the U .S . Constitution , innumerable treaties (by the way sometimes

broken or ignored by whites , federal-court decisions and legislation . What gives sovereignty new currency , however , is an idea in Congress that in the future the tribes could make the subject to lawsuits from private citizens , while now they aren 't . It raised a contentious question whether the sovereignty issues of American Indians form any problem for the larger society

To reply this question , it is useful to consider what Indian sovereignty means in modern interpretation and how it affects the mainstream society . It is common knowledge that three fundamental principles underlie the nature of American Indians ' tribal powers : tribes originally possessed the powers of sovereign states conquest terminated external sovereignty this restriction did not affect the internal sovereignty of the tribe and its powers of local self-government . Thus sovereignty is inherent to American Indians , and their privileges with respect to court trials , taxation and some kinds of businesses like gaming and fishing within reservation lands could not be considered as violating the rights of non-Indians . From the other standpoint self-government implies approval by the U .S . authorities that a certain measure of tribal decision-making is essential but that this process should be monitored carefully so that its outcomes are compatible with the objectives and policies of the larger political power . It means that American Indians ' sovereignty is not absolute , and it is logical , as the Indian tribes are subject to the laws of the U .S

A number of critics of Indians ' sovereign immunity argue that it allows the Indians freedom from being sued and permits them to ignore valid property and fishing rights of non- Indians , especially those living and working in reservations . The states are also uneasy with their privileges . As the federal government continues to work out details of its relationships with tribes , state governments which are the tribes closest neighbors have a separate relationship with them , and it 's often strained . The lack of state jurisdiction over Indians and reservations federal controls and inherent tribal sovereignty are all resulting in ongoing disputes between tribes and states . American Indians are not only citizens of the tribe , but also of the U .S . and the state in which they reside . This 'triple citizenship ' creates an ambiguous matrix of regulatory and other jurisdictional requirements for Indians , on and off their reservations . Jurisdiction over non- Indians living within Indian lands also seems murky

But as Indian tribes gain more and more influence , state leaders realize that it is more productive and mutually beneficial to work with , not against , them . In fact , states have a chance to profit economically from good relations with tribes . Mutually beneficial agreements can set up revenue sharing from tribal gas , liquor and cigarette taxes or gambling Tribes are marketing natural resources and sport hunting and fishing Some Indian bands are among the states ' top employers with their manufacturing plants , hotels and casinos , and large tribal governments With all this going on in many Indian-owned companies the most employees are non-Indians . Tribes successful at gaming are diversifying their economic ventures . Some tribes consider gaming as a means towards an end of their business diversity

The discussed above clearly testifies that American Indians ' sovereignty in fact rather benefits than affects the mainstream American society . On this account it looks reasonable that states and Indian tribes need to sit down and try to work out together what their mutual needs and concerns are , and find a system by which they can , harmoniously and jointly , cooperate to reach some common ground . For sure states and tribes have mutual interests - human services , environmental protection and economic well-being create opportunities to cooperate and develop solutions , while maintaining autonomy . The first step in the process of cooperation is to gain mutual understanding . State legislators have to accept the growing tribal presence within the federal system so they can effectively address policy questions about shared governing . And tribes need to understand the effects of their actions on states . Ideally state legislatures would provide the setting for state and tribal governments to work together to resolve issues . Legislation could be written to address state-tribal negotiations in general , or specific issues such as health and human services , natural resources or gaming The declared principles to which the nation has dedicated itself are life , liberty , and the pursuit of happiness for American citizens , thus the bonds of past Indian wardship must be broken forever . PAGE

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