2.2 Impact of European Contact on Tribal Sovereignty

European contact dramatically reshaped Native American sovereignty. The Doctrine of Discovery and treaty-making process led to massive land cessions, forcing tribes onto reservations and disrupting traditional ways of life.

Policies of forced relocation, cultural assimilation, and land allotment further eroded tribal sovereignty. Despite these challenges, tribes have maintained inherent sovereignty and continue to exercise treaty rights and self-governance in the modern era.

European Colonialism and Legal Doctrines

Doctrine of Discovery and Treaty-Making

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• Doctrine of Discovery established European claims to Native American lands
• Justified colonization based on "discovering" inhabited territories
• Gave European nations exclusive rights to acquire land from Indigenous peoples
• Treaty-making process formalized relationships between tribes and colonial powers
• Treaties recognized tribes as sovereign entities capable of negotiating agreements
• Often resulted in land cessions and restrictions on tribal territories
• U.S. Constitution recognized treaties as "supreme law of the land"
• Treaty-making ended in 1871, but existing treaties remained valid

Land Cessions and Territorial Expansion

• Land cessions involved tribes giving up territory to colonial powers
• Often occurred under duress or through deceptive practices
• Resulted in significant reduction of tribal lands and resources
• Facilitated westward expansion of European settlements
• Created conflicts between tribes and encroaching settlers
• Led to establishment of reservations to confine Native populations
• Impacted traditional hunting and gathering practices
• Disrupted tribal economies and social structures

Policies of Dispossession and Assimilation

Forced Relocation and the Reservation System

• Forced relocation policies removed tribes from ancestral lands
• Indian Removal Act of 1830 authorized relocation of eastern tribes
• Trail of Tears exemplified the brutality of forced removals (Cherokee, Choctaw, Chickasaw)
• Reservation system established to contain and control Native populations
• Reservations often located on less desirable lands with limited resources
• Restricted movement and traditional practices of tribal communities
• Created dependency on federal government for basic necessities
• Reservation boundaries frequently violated by settlers and government actions

Cultural Assimilation and Allotment

• Cultural assimilation policies aimed to eradicate Native American cultures
• Boarding schools forcibly removed Native children from their families
• Students prohibited from speaking native languages or practicing traditions
• Focus on teaching European-American values, customs, and skills
• Allotment policy introduced by Dawes Act of 1887
• Divided communal tribal lands into individual parcels
• Aimed to promote private property ownership and agriculture
• Resulted in significant loss of tribal lands to non-Native ownership
• Weakened traditional tribal governance structures
• Disrupted communal land-use practices and social bonds

Tribal Sovereignty and Recognition

Inherent Sovereignty and Tribal Recognition

• Inherent sovereignty refers to tribes' pre-existing right to self-governance
• Recognized by U.S. Supreme Court in early 19th century cases (Marshall Trilogy)
• Established tribes as "domestic dependent nations" within U.S. borders
• Tribal recognition process acknowledges formal government-to-government relationship
• Federally recognized tribes eligible for certain protections and benefits
• Recognition criteria include continuous community, political authority, and distinct identity
• Some tribes remain unrecognized, limiting their ability to exercise sovereign powers
• State-recognized tribes have different status and relationships with state governments

Treaty Rights and Contemporary Sovereignty

• Treaty rights preserve specific privileges guaranteed in historical agreements
• Include rights to hunt, fish, and gather on ceded lands (Ojibwe spearfishing)
• Often subject to legal disputes and court interpretations
• Modern exercise of tribal sovereignty includes:
  • Operating tribal courts and law enforcement
  • Regulating internal affairs and membership
  • Managing natural resources on tribal lands
  • Developing economic enterprises (casinos, tourism)
• Tribes navigate complex jurisdictional issues with state and federal governments
• Indian Self-Determination and Education Assistance Act of 1975 strengthened tribal control
• Ongoing challenges to sovereignty include jurisdictional disputes and resource conflicts