9.1 Historical Context of Tribal-State Relations

Tribal-state relations have a complex history rooted in colonization, conflict, and shifting federal policies. From early land seizures to forced relocations, Native American tribes faced numerous challenges in their interactions with state and federal governments.

The 20th century brought significant changes to tribal-state dynamics. Policies shifted from termination to self-determination, while key legislation and Supreme Court cases reshaped the legal landscape of tribal sovereignty and intergovernmental relations.

Early Eras of Federal Indian Policy

Colonial Expansion and Conflict

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• Colonization began with European arrival in North America during 15th and 16th centuries
• European powers established colonies, displacing Native American tribes from ancestral lands
• Conflicts arose between colonists and Native Americans over territory and resources
• Treaties signed between colonial governments and tribes often disregarded or violated
• Indian Wars erupted as Native Americans resisted encroachment on their lands (French and Indian War, Pequot War)

Forced Relocation and Land Seizure

• Removal Era initiated by Indian Removal Act of 1830 under President Andrew Jackson
• Policy aimed to forcibly relocate eastern tribes to lands west of Mississippi River
• Trail of Tears resulted in thousands of Cherokee deaths during forced relocation
• Other tribes affected included Choctaw, Chickasaw, Muscogee, and Seminole
• Allotment Era began with General Allotment Act (Dawes Act) of 1887
• Aimed to break up tribal lands into individual parcels, forcing assimilation
• Resulted in significant loss of Native American land holdings, reduced from 138 million acres to 48 million acres by 1934

20th Century Eras of Federal Indian Policy

Shifting Federal Approaches

• Termination Era (1940s-1960s) sought to end federal recognition of tribes
• Aimed to assimilate Native Americans into mainstream society
• Resulted in loss of tribal status, land, and federal services for affected tribes
• Self-Determination Era began in 1970s, promoting tribal autonomy and self-governance
• Indian Self-Determination and Education Assistance Act of 1975 allowed tribes to manage federal programs

Legislative Developments

• Public Law 280 enacted in 1953, transferred federal criminal jurisdiction to certain states
• Affected six mandatory states (California, Minnesota, Nebraska, Oregon, Wisconsin, Alaska)
• Optional states could assume jurisdiction over tribal lands within their borders
• Indian Civil Rights Act of 1968 extended certain constitutional protections to tribal governments
• Limited tribal governments' power to restrict individual rights
• Required tribal courts to follow due process and equal protection principles

Key Supreme Court Cases

Defining Tribal Sovereignty

• Worcester v. Georgia (1832) established important principles of tribal sovereignty
• Chief Justice John Marshall ruled that Georgia laws had no force on Cherokee territory
• Affirmed that tribal nations are "distinct political communities" with inherent sovereignty
• Established federal government as primary authority in Indian affairs, not states
• Decision laid foundation for concept of tribal sovereignty in U.S. law
• Despite ruling, President Andrew Jackson refused to enforce it, leading to forced removal of Cherokee
• Case continues to influence federal Indian law and tribal-state relations to this day