In order for Indian nations to enjoy the rights and benefits of owning their lands and natural resources, federal law must assure that they have the legal right to exist as self-governing entities, as well as the right to establish their own governments and laws and to be governed by them.
Native governments must also have the legal power and freedom to exercise or use their rights of ownership and governance in regard to their lands and resources. They must be able to use, control and govern their lands and resources without interference by others. The power of the federal government to limit or interfere with Native governments ownership of their lands is limited by the Constitution to those powers listed in it.
Detail constitutional limits of federal government to interfere with Native governments ownership of their lands.
Compare and contrast these constitutional limits with the policy of self-determination held by the US government for the last 50 years.
Interested in learning more? Be sure to check out the book
Native Land Law.
This groundbreaking legal treatise (a companion guide to the Native land law CLE series) advances a new framework of law that is fair and workable within a U.S constitutional framework. It offers insightful historical and legal analysis of key laws and court rulings that impact Native land law and provides critical arguments to represent the interests of Indian nation governments today.
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