Indian Law Handbook - Second Edition (March 2017)

Indian Law Handbook - Second Edition (March 2017)There are three sovereign entities in the United States 1 federal, state, and tribal. Tribal governments are unique among the three, as they possess a separate sovereignty that has never been formally incorporated into the American constitutional framework. This means that there are laws dealing specifically with Indian tribes and Indian people2 that are outside the mainstream ideas of the Constitution. This body of law, Indian law, is thus

There are three sovereign entities in the United States 1 Ð federal, state, and tribal. Tribal governments are unique among the three, as they possess a separate sovereignty that has never been formally incorporated into the American constitutional framework. This means that there are laws Òdealing specifically with Indian tribes and Indian peopleÓ2 that are outside the mainstream ideas of the Constitution. This body of law, Indian law, is thus Òconstitutionally, historically, and jurisprudentially characterized by exceptionalism.Ó3 To reduce the instances of exceptionalism, courts often revise and reimagine Indian law to bring Indians into the Constitutional structure of government as individuals in a Òseparate minority population.Ó4 It is important to note that ÒIndianÓ is a term of art in Federal law, and is thus a word with a specific legal meaning separate and distinct from its meaning in ordinary use or language.