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  • 13 - Dependent Sovereigns: Indian Tribes, States, and the Federal Courts

  • from Part IV - (Mis)Understandings
  • Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
  • Book:
    Reading American Indian Law
    Published online:
    11 December 2019
    Print publication:
    12 December 2019, pp 311-333

  • Summary

    Dependent Sovereigns: examines the tension between tribal and federal sovereigns each competing to be independent from the other. Unlike states, Indian tribes have never ceded their sovereignty but appear to have lost much of it anyway, slowly eroded by the decisions of the federal judiciary. Resnik utilizes a federal courts perspective to argue that there is space in American jurisprudence to accommodate tribes as part of the interdependence of sovereigns in the American system.