2.2 Impact of European Contact on Tribal Sovereignty
3 min read•august 9, 2024
European contact dramatically reshaped Native American sovereignty. The and led to massive , forcing tribes onto reservations and disrupting traditional ways of life.
Policies of , , and land allotment further eroded . Despite these challenges, tribes have maintained and continue to exercise 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 ""
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
of 1830 authorized relocation of eastern tribes
exemplified the brutality of forced removals (Cherokee, Choctaw, Chickasaw)
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 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 ()
Established tribes as "" within U.S. borders
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
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 (casinos, tourism)
Tribes navigate complex jurisdictional issues with state and federal governments
of 1975 strengthened tribal control
Ongoing challenges to sovereignty include jurisdictional disputes and resource conflicts