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Native American Rights - Tribal Sovereignty, Treaty Rights, Reserved Rights Doctrine, Federal Power Over Native American Rights, Hunting And Fishing Rights

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In the United States, persons of Native American descent occupy a unique legal position. On the one hand, they are U.S. citizens and are entitled to the same legal rights and protections under the Constitution that all other U.S. citizens enjoy. On the other hand, they are members of self-governing tribes whose existence far predates the arrival of Europeans on American shores. They are the descendants of peoples who had their own inherent rights—rights that required no validation or legitimation from the newcomers who found their way onto their soil.

These combined, and in many ways conflicting, legal positions have resulted in a complex relationship between Native American tribes and the federal government. Although the historic events and specific details of each tribe's situation vary considerably, the legal rights and status maintained by Native Americans are the result of their shared history of wrestling with the U.S. government over such issues as tribal sovereignty, shifting government policies, treaties that were made and often broken, and conflicting latter-day interpretations of those treaties. The result today is that although Native Americans enjoy the same legal rights as every other U.S. citizen, they also retain unique rights in such areas as hunting and fishing, water use, and GAMING operations. In general, these rights are based on the legal foundations of tribal sovereignty, treaty provisions, and the "reserved rights" doctrine, which holds that Native Americans retain all rights not explicitly abrogated in treaties or other legislation.

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almost 4 years ago

I am in search of movements that are working towards us having our sovereignity realized in a larger manner than it is today. Are there organizations or movements today? Do you know? As tribes, we are STUCK in minding business in the white ways and as individuals all working together, how do help move past STUCK? Can we create a movment, if one is not in place yet?

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about 4 years ago

Hi All, I find this site to be very informative but it still does not answer my question. The Kawaiisu Tribe had to file a federal case in order to be put on the Federal Register. Even though we signed a Treaty in 1849 and it was Ratified in 1850. We have survived Slavery, Genocide, Incarceration, and Complete degradation by the U.S.A. to this day. They have forced us off of our Reservation and Kern County has given it to and our graves to the same people held and killed us as slaves. We have no resources to pay our wonderful attorney. "What can we do about this?"

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about 4 years ago

Please advise are there burial grounds in the Roseville, Calif area that have been built upon? I have a friend living in that area and they have a lot of paranormal activity going on. Thanks for your reponse. Much appreciated.

Infinity Sells esell79954@comcast.net

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almost 4 years ago

I am interesting in contacting an agency that addresses stereotypical abuses by sports programs like the Atlanta Braves and the Florida State Seminoles who have this chant and tomahawk arm movement ostensibly reflecting their team's identity.

Where did that chant come from, and why is it associated with being Native American? Why is the tomahawk which was used by settlers as much as any other group of people associated with Native Americans?

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almost 4 years ago

I was currently incarcerated and our native group had to purchase our own wood to sweat IS this right that we have to purchase our own wood to practice our religion what if we all were indigent how can i get help for the inmates to fight for whats right when all other religions can get donations for all there religious items

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16 days ago

i will not anymore listen to old doctrine of this is my land. Im a 8 th generation at least of this land i have just as much right as the Indians.... we all peoples are are decedants of one ADAm and EVe FACT................... So im fed up with the b. s. Ive beee n discriminated against ive been spit at ive been humiliated. But because Jesus put ne through it all im loved. So My land is here. And i should not be limited in all the laws . But i have too. So i learn to be content. But i do not like Its unfair for many not just a minority. or the new masses of illegal aliens to have same rights as i . But still im content even till death. ill see Jesus FACE. IN JOY.