President Clinton issued Executive Order 13175 on November 6, 2000, which states: “Our Nation, under the law of the United States, in accordance with treaties, statutes, Executive Orders, and judicial decisions, has recognized the right of Indian tribes to self-government. As domestic dependent nations, Indian tribes exercise inherent sovereign powers over their members and territory. The United States continues to work with Indian tribes on a government-to-government basis to address issues concerning Indian tribal self-government, tribal trust resources, and Indian tribal treaty and other rights.
The United States recognizes the right of Indian tribes to self- government and supports tribal sovereignty and self-determination.”
The United States Constitution recognizes Indian nations as prior sovereigns in the Treaty and Supremacy Clauses, which read together acknowledge Indian nations through affirmation and incorporation by reference of treaties made under the Articles of Confederation prior to 1789, nine of those sixteen treaties were Indian treaties. The Indian Commerce Clause recognizes Indian tribes as governments, and the Apportionment Clause recognizes citizens of Indian nations as “Indians not taxed.”
The 14th Amendment to the Constitution affirms the United States original policy towards Indian nations through the renewed reference to “Indians not taxed” in the amended Apportionment Clause and the exclusion of tribal citizens, subject primarily to tribal jurisdiction not the “jurisdiction” of the United States in the Citizenship Clause.
Numerous treaties offered American Indians citizenship, while providing that American Indians would retain their original treaty rights, which include self-government and self-determination on American Indian homelands. Many of these treaties, like the 1868 Sioux Nation Treaty, have been repeatedly recognized in subsequent legislation. See e.g. Public Law 113-168 (2014); Public Law 83-776 (1954); Act of March 2, 1889.
The 1924 Citizenship Act expressly preserves the relationship of American Indians to their Indian tribes by maintain the connection to tribal land. The Supreme Court repeatedly ruled that American Indians retain their treaty rights after the passage of the 1924 Citizenship Act. See McClanahan v. Arizona Tax Comm’n, (1974) (Upholding Navajo Nation 1868 Treaty rights).
From the very beginning of the America’s history, the United States recognized Indian homelands as the original lands of the Indian nations. In the 1787 Northwest Ordinance, the United States pledged that the utmost good faith shall always be observed towards the Indians. In their liberty and property, they shall never be disturbed….” President George Washington, Chairman of the Constitutional Convention of 1787–1789, secured affirmation of this early law in the 1st Congress in August, 1789. Territorial organic acts for later territories, including Michigan, Illinois, Wisconsin, etc. reference this early law. Later territorial organic acts and state enabling acts frequently acknowledge Indian treaty rights, Indian lands, Indian liberty, and disclaim any state authority to interfere therewith. So, there is a very long history, pre-dating the United States, which recognizes Indian lands as the homelands of Native Nations under American Indian and Alaska Native self-government. In other words, Native self-governance is far older than the American Republic and expressly recognized by several provisions of the Constitution.
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