Native Americans and the Supreme Court
Live at the National Constitution Center
Navigating Tribal Jurisdiction and Sovereignty
This chapter explores the intricate relationship between Native American tribes and U.S. legal frameworks, particularly focusing on landmark rulings like Oliphant and recent decisions such as McGirt. It highlights the contrasting judicial philosophies regarding tribal sovereignty and federal authority, examining the impact of historical legislative efforts and Supreme Court interpretations. The discourse proposes a transformative approach to Indian law, advocating for consent and a redefined relationship between the U.S. government and Native American tribes.
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