Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-23T10:17:55.302Z Has data issue: false hasContentIssue false

2 - The Jurisdictional Framework of the Second Way and the Cherokee Diaspora

Published online by Cambridge University Press:  16 July 2020

Hillary M. Hoffmann
Affiliation:
Vermont Law School
Monte Mills
Affiliation:
University of Montana School of Law
Get access

Summary

Understanding the laws tribes can use to protect their cultures requires a working knowledge of the jurisdictional framework among the nation’s three sovereigns: the federal government, state governments, and tribal governments. This chapter provides some of the essential elements of this foundation by tracing the arc of US Supreme Court cases in which the justices filled in the contours of the Constitution’s rough outline of the relationship between these three sovereigns. While the Supreme Court’s treatment of tribal authority over this period largely reflected the broader federal interests of a particular era, including the elevation and insulation of exclusive federal authority over Indian affairs in the nineteenth century, Supreme Court decisions of more recent vintage have severely restricted tribal authority, even over areas within the boundaries of present-day reservations, during a period in which the federal government otherwise seemed to embrace a policy of supporting tribal self-government. It is therefore not always possible to discuss individual cases or periods of federal Indian policy in general terms. Moreover, the jurisdictional maze that results from this lengthy history often frustrates attempts to seek legal recognition of inherent tribal authority and confuses even well-versed legal practitioners.

Type
Chapter
Information
A Third Way
Decolonizing the Laws of Indigenous Cultural Protection
, pp. 22 - 40
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×