Tour on the Prairies or Washington Irving and the Horseless Headman: A Stroll with Congress, the Court and Indian Nations at the Turn of the Century

Authors

Kirke Kickingbird, Native American Legal Resource Center

First Page

125

Document Type

Article

Abstract

The view of the sovereignty of Indian nations varies within the ever-changing cycles of policy spanning two or three decades. Often, the different branches of the United States government have had conflicting points of view regarding Indian sovereignty. One can see moments in the distant past when tribal authority was clearly recognized, then challenged, then ignored and recognized again, as the cycle of Indian policy returned to its beginnings. The clear manifestation of sovereign power is exhibited in the exercise of governmental authority. This exercise, in turn, involves the use of legislative, executive, and judicial powers. While these observations may appear obvious with regard to the operation of the federal and state governments, there is a historical reluctance to recognize the use of this governmental authority regarding the operation of tribal governments. This theme echoes not across decades, but across centuries. Those centuries start, not with the United States Constitution, but with the arrival of Europeans in the Americas. The ability of tribal governments to utilize their powers revolves around a centuries-old debate-whether Indian tribes are a sovereign nation?

Recommended Citation

Kirke Kickingbird, Tour on the Prairies or Washington Irving and the Horseless Headman: A Stroll with Congress, the Court and Indian Nations at the Turn of the Century, 9 St. Thomas L. Rev. 125 (1996).
Available at: https://scholarship.stu.edu/stlr/vol9/iss1/15