By Renee Ann Cramer
Within the context of U.S.-Indian legislations, federal acknowledgment establishes a belief courting among an Indian tribe and the U.S. govt. because of that belief, the tribe gets major merits, together with tax-exempt prestige, reclamation rights, and—of might be maximum modern day curiosity to the yankee public—the correct to manage and benefit from its personal casinos.
Some tribes, notwithstanding, haven't been federally stated, or, in additional universal language, “recognized.” In Cash, colour, and Colonialism, Renée Ann Cramer deals a entire research of the federal acknowledgment procedure, putting it in historic, criminal, and social context.
Exploring the formal and casual struggles over acknowledgment, Cramer argues that we won't absolutely comprehend the method until eventually we comprehend 3 contexts during which it operates: the expansion of on line casino pursuits on account that 1988, the superiority of racial attitudes bearing on Indian id, and the colonial legacy of U.S.-Indian law.
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Extra resources for Cash, Color, And Colonialism: The Politics Of Tribal Acknowledgment
They were not technically foreign, in the sense that they were located within the boundaries of this nation (thus, domestic); yet they were still nations, as they were neither colonies nor states. "Dependent," then, became the operative term in defining the trust relationshipIndian tribes were said to be in a state of pupilage, requiring the guidance and aid of the nation's leaders. Yet the Marshall Court's decision one year later, in Worcester; also maintained that tribal nations had some measures of autonomy, in particular as against state incursions into tribal land.
5 The Menominee argued that Termination of their tribal status should not negatively affect their treaty-granted hunting and fishing rights. The state of Wisconsin argued that Termination had caused the Menominee Tribe to cease to exist, and, as such, had invalidated all of their treaty rights, including those protecting hunting and fishing. In a novel interpretation of both Termination legislation and the precedent set by Sandoval, the Supreme Court, under the wellconsolidated leadership of Chief Justice Earl Warren, held on appeal that though Congress had terminated the government-to-government relationship with the Menominee, the tribe itself had not been terminated.
The trust relationship formed, as well, from the plenary (or, exclusive) power over Indian affairs exercised by the federal legislature. It also constituted the doctrinal and moral imperative to achieve at least a patina of legislative caretaking and concern for justice. Yet it is important not to conflate the trust relationship with a position of wardship and dependency. The ward-guardian relationship is different from the trust relationship constructed by treaties that comprehended both parties as relative equals and that have been reaffirmed by numerous court cases and acts of Congress.
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