Can the Federal Government get rid of or dissolve Native American reservations?
       |           

Welcome, Guest. Please login or register.
Did you miss your activation email?
April 23, 2024, 02:21:37 AM
News: Election Simulator 2.0 Released. Senate/Gubernatorial maps, proportional electoral votes, and more - Read more

  Talk Elections
  General Discussion
  Constitution and Law (Moderator: Okay, maybe Mike Johnson is a competent parliamentarian.)
  Can the Federal Government get rid of or dissolve Native American reservations?
« previous next »
Pages: [1]
Author Topic: Can the Federal Government get rid of or dissolve Native American reservations?  (Read 3766 times)
Vega
Junior Chimp
*****
Posts: 5,253
United States


Show only this user's posts in this thread
« on: December 13, 2014, 11:52:38 PM »

From a legal basis, can the Federal Government dissolve the Native American reservations? If they can, how would they go about doing so?
Logged
True Federalist (진정한 연방 주의자)
Ernest
Moderators
Atlas Legend
*****
Posts: 42,156
United States


Show only this user's posts in this thread
« Reply #1 on: December 14, 2014, 12:18:48 AM »

The Constitution itself explicitly recognizes the Indian Tribes as subordinate sovereignities.  So it can't legally do so without the Tribes themselves approving such a dissolution.  However, I think it could make use of its Article I Section 8 Clause 3 powers to regulate commerce with the Tribes to do such things as eliminate tribal immunity to State tax laws of a general nature.  However as semi-sovereigns, the Tribes can't be fully required to be subject to State laws, for example State laws dictating the limits and powers of local governments would not apply to the Tribes.
Logged
AmericanNation
Jr. Member
***
Posts: 1,081


Political Matrix
E: 4.90, S: 1.91

Show only this user's posts in this thread
« Reply #2 on: March 04, 2015, 08:41:51 PM »

Dose the U.S. "semi-sovereigns" system have more similarities to A) various British arrangements or B) the various sovereignty arrangements that occurred in the "German Lands" for about 1000 years prior to 1871.  So, is it more British or German?       
Logged
Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,808
United States


Political Matrix
E: 5.45, S: -3.35

Show only this user's posts in this thread
« Reply #3 on: March 19, 2015, 11:16:27 AM »

Congress can abrogate any Indian Treaty/Special aboriginal title/ Indian privileges it wants to. it just has to do so expressly. If Congress wants the land itself though, it is still subject to eminent domain requirements.

http://constitution.findlaw.com/article2/annotation11.html
Logged
Pages: [1]  
« previous next »
Jump to:  


Login with username, password and session length

Terms of Service - DMCA Agent and Policy - Privacy Policy and Cookies

Powered by SMF 1.1.21 | SMF © 2015, Simple Machines

Page created in 0.023 seconds with 12 queries.