Tribal Disruption and Federalism

Abstract

The very presence of Indian nations within the borders of the United States and its territories has always been, from the Founding, disruptive. Indian nations are disruptive, but as I will argue, they are disruptive in the best possible manner. This paper will describe several ongoing tribal-state disputes throughout the nation, acknowledging that the tribal claims are disruptive, but that tribal disruption is not inherently harmful.

Keywords: federalism, tribal disruption, Indian land claims, Saginaw Chippewa Indian Tribe v. Granholm, tribal-state relations, Sherrill v. Oneida Indian Nation, Supreme Court