Federalism and the State Recognition of Native American Tribes: A Survey of State-Recognized Tribes and State Recognition Processes Across the United States
University of California, Berkeley - School of Law; University of San Francisco
Santa Clara Law Review, Vol. 48, 2008
Federalism and the State Recognition of Native American Tribes provides an overview of the legal status of state-recognized Native American tribes¿tribes that have been recognized by their respective states, but not the federal government. In the article, the authors discuss how state recognition functions within our federalist system and why state recognition has become increasingly important for states and tribes. The authors also categorize the various recognition schemes utilized by states into state law, administrative, legislative and executive recognition processes. Further, the authors provide a summary of the tribes recognized by each state and each state's regulatory approach to tribal-state relations. The article concludes with a brief argument in favor of greater rights on the part of state tribes.
Keywords: indian law, federalism, state tribes, state recognition, Native Americans, American Indians, separation of powers
Date posted: June 5, 2007 ; Last revised: December 3, 2007
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