
in the western part of the United States, although there are reservations, containing nearly
44 million acres, in all parts of the country. They incorporate not only vast cultural
differences, but distinctive experiences of
history
and context, ranging from the elaborate
casinos of Connecticut to the problems of unemployment (up to 70 percent), substandard
housing,
alcohol
and poverty plaguing reservations like Pine Ridge, South Dakota, which
President
Clinton
highlighted in his 1999 visit.
The relationship between American Indian reservations and the United States federal
government was shaped by an 1831 United States
Supreme Court
decision, which
agreed with the Cherokee Indian nation that the state of Georgia had no jurisdiction over
it since American Indian tribes were “domestic dependent nations.” This definition has
formed the basis for the current legal relationship between American Indian tribes and the
federal government, and, in essence, a definition of American Indian tribes.
C
herokee Nation
v.
Georgia
led to the creation of the legal concept of limited
sovereignty. According to this concept, tribes are nations with rights to internal self-
government on federally recognized reservations. Yet sovereignty has also been limited.
For example, the United States adopted a policy of Indian Removal in the 1830s, moving
American Indian tribes to distant areas until they could be assimilated into mainstream
society. Eventually this policy placed all federally recognized Indian tribes on
reservations.
While theoretically American Indian tribes are totally independent from any other
government within the reservation boundaries, federal Indian policy also has emphasized
assimilation
and trusteeship over Indian interests and rights of later immigrants who
have encroached on Indian lands by lease or illegal appropriation. The government has
even intervened to divert growing wealth from cattle or
oil
to reservations (South Dakota,
Oklahoma). An emphasis on the privatization of Indian lands and the disposal o
“surplus,” for example, reduced tribal lands from 119,373,930 acres in 1887 to
40,236,442 acres in 1911. Current acreage has grown since a 1933 low of 29,431,685
acres.
Reservation locations were determined in a number of ways. Some tribes, like the
Cherokees of Georgia, were forcibly moved to Indian Territory, which eventually became
the state of Oklahoma. A few tribes, like the Menominee of Wisconsin, were able to
escape removal, gaining a reservation on marginal land in their original territory. Indians
like the
Florida
Seminoles or
Southwestern
Navaho and Pueblo tribes also fought long
to hold and regain their lands. Settlement over land claims has been a major political
issue in the 1980s and 1990s in Maine, the
Midwest,
the Southwest and the
West
.
Tribal self-government first gained national attention during the war of 1812 when
many United States citizens feared American Indian tribes might conspire with foreign
enemies to threaten national security. Hence, under the doctrine of limited sovereignty,
no tribe may establish independent relationships with foreign governments. Eventually
the doctrine of limited sovereignty was refined to mean that although state and local laws
do not apply on reservations, federal laws can be enforced.
Foreign-
olicy issues also led to a debate about the citizenship status of individual
Encyclopedia of Contemporary American Culture 44