Status of State Recognized Tribes (Congress Maintains the Constitutional Authority to Legislate for State Recognized Tribes) December 22 2005

Authors: Lawrence S. Roberts, V. Heather Sibbison, Arlinda F. Locklear, Patton Boggs, LLP
Publication Year: 2005
Last Updated: 2010-09-15 14:16:22
Journal: NA
Keywords: state recognition, recognition, Little Shell Tribe of Chippewa Indians

Short Abstract:

State-recognized tribes share a common history with federally recognized tribes.  Both share a history of treaty relations with the authorized government – with state-recognized tribes often entering into treaties with the independent States prior to formation of the Union.  Both share a history of continuous political existence despite the vacillating policies and pressures of the dominant society – with many state-recognized tribes located on the eastern seaboard having to endure those policies for decades longer than many other federally recognized tribes.  And both share a history of Congressional action with regard to their lands, their health, their homes and their culture.

Abstract:

State-recognized tribes share a common history with federally recognized tribes.  Both share a history of treaty relations with the authorized government – with state-recognized tribes often entering into treaties with the independent States prior to formation of the Union.  Both share a history of continuous political existence despite the vacillating policies and pressures of the dominant society – with many state-recognized tribes located on the eastern seaboard having to endure those policies for decades longer than many other federally recognized tribes.  And both share a history of Congressional action with regard to their lands, their health, their homes and their culture.

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