The Emergence of Tribal Governments: Legal Indeterminacy, Historical Categorizations of Tribes and the Reemergence of Tribes as Governments: Chapter 2 by Erich Steinman

Keywords: Tribal sovereignty, Federal policies, Native American tribes, Government status, Indian Reorganization Act, Supreme Court rulings, Self-determination policy, Conquered peoples, Minority status, Treaty rights

Abstracts: Chapter Two provides a comprehensive historical context for the evolving status of Native American tribes in the United States. The author identifies five distinct categories through which tribes have been perceived and treated in federal policies over time, including as conquered peoples/wards, minorities, rights-holders, corporations, and sovereign nations represented by governments. The chapter underscores the challenges and contradictions inherent in these varying perceptions of tribes, particularly the historical indeterminacy of their legal status. It highlights the critical issue of tribal sovereignty and how it has been eroded and redefined throughout history, often subject to changing federal policies and legal interpretations. The author also touches upon significant moments in this complex history, such as the Indian Reorganization Act of 1934, which attempted to empower tribes but did not fully address their governmental status, and Supreme Court rulings that have presented conflicting views on tribal sovereignty. Furthermore, the chapter introduces the pivotal shift in federal policy towards tribal self-determination in the post-1970s era, acknowledging that while it granted tribes more control over their affairs, it did not explicitly clarify their status as sovereign governments within the U.S. federal system. In sum, Chapter Two sets the stage for a deeper exploration of how tribal sovereignty has evolved and been reshaped over time, ultimately leading to the contemporary landscape of tribal governance and self-determination.