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The Myth of Tribal Sovereignty: An Analysis of Native American Tribal Status in the United States

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This article will first explore the history of Native American relations with the United States, examining early treatment of tribal nations by the U.S. government. It will then discuss the idea of sovereignty, more specifically as it relates to Native American tribes. The argument section rejects the idea that Native American Tribes are Sovereign Nations, explains why their current status is more akin to that of “States” by highlighting the similarities between state rights and current Native American, but concludes that native tribes are really quasi-states because they lack protection under the idea of federalism. The final section will discuss native views on the topic.

Affiliations: 1: Brandeis School of Law, University of Louisville Louisville, KY USA


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