confederation congress was formed to regulate commerce with foreign nations and among the several states and with the indian tribes.
confederation congress was formed to regulate commerce with foreign nations and among the several states and with the indian tribes.
to regulate commerce with foreign nations and among the several states and with the indian tribes?
confederation congress
generally, no state has the authority to tax an indian tribe or an individual indian living on a reservation without authorization from congress. this is based primarily on the commerce clause of the constitution, which states, "congress shall have power ... to regulate commerce with foreign nations, and among the several states, and with the indian tribes." this doctrine is based on "worcester v. georgia", which stated that indian tribes are considered to be dependent sovereign nations which deal directly with the federal government, and that states have no authority to regulate or control the tribes. congress can authorize the states to have some control over the tribes. minnesota is a public law 280 state, one where congress has granted the state total criminal and limited civil jurisdiction on tribal land and reservations.
bryan v. itasca county
another dispute over american indian government is its sovereignty versus that of the states. the federal u.s. government has always been the government that makes treaties with indian tribes – not individual states. article 1, section 8 of the constitution states that "congress shall have the power to regulate commerce with foreign nations and among the several states, and with the indian tribes". this determined that indian tribes were separate from the federal or state governments and that the states did not have power to regulate commerce with the tribes, much less regulate the tribes. the states and tribal nations have clashed over many issues such as indian gaming, fishing, and hunting. american indians believed that they had treaties between their ancestors and the united states government, protecting their right to fish, while non-indians believed the states were responsible for regulating commercial and sports fishing. in the case "menominee tribe v. united states" in 1968, it was ruled that "the establishment of a reservation by treaty, statute or agreement includes an implied right of indians to hunt and fish on that reservation free of regulation by the state". states have tried to extend their power over the tribes in many other instances, but federal government ruling has continuously ruled in favor of tribal sovereignty. a seminal court case was "worcester v. georgia". chief justice marshall found that "england had treated the tribes as sovereign and negotiated treaties of alliance with them. the united states followed suit, thus continuing the practice of recognizing tribal sovereignty. when the united states assumed the role of protector of the tribes, it neither denied nor destroyed their sovereignty." as determined in the supreme court case "united states v. nice" (1916), u.s. citizens are subject to all u.s. laws even if they also have tribal citizenship.
tribal sovereignty in the united states