113-654: The Case–Church Amendment was proposed, as an amendment to several appropriations bills funding various departments of the United States Government , in 1972 and 1973. The first version actually to become law, passed by both houses of the Congress on June 29, 1973, and signed by President Richard Nixon on July 1, read: "None of the funds herein appropriated under this Act may be expended to support directly or indirectly combat activities in or over Cambodia , Laos , North Vietnam and South Vietnam or off
226-640: A U.S. citizen for at least seven years, and must live in the state that they represent. In addition to the 435 voting members, there are six non-voting members, consisting of five delegates and one resident commissioner . There is one delegate each from Washington, D.C. , Guam , the Virgin Islands , American Samoa , the Commonwealth of the Northern Mariana Islands , and a resident commissioner from Puerto Rico . Unlike
339-707: A complex set of relationships between state and federal courts. Federal courts can sometimes hear cases arising under state law pursuant to diversity jurisdiction , state courts can decide certain matters involving federal law, and a handful of federal claims are primarily reserved by federal statute to the state courts. Both court systems have exclusive jurisdiction in some areas and concurrent jurisdiction in others. The U.S. Constitution safeguards judicial independence by providing that federal judges shall hold office "during good behavior"; in practice, this usually means they serve until they die, retire, or resign. A judge who commits an offense while in office may be impeached in
452-523: A constitutional interpretation by the courts. One of the theoretical pillars of the U.S. Constitution is the idea of " checks and balances " among the powers and responsibilities of the three branches of American government: the executive, the legislative, and the judiciary. For example, while the legislative branch ( Congress ) has the power to create law, the executive branch under the president can veto any legislation—an act which, in turn, can be overridden by Congress. The president nominates judges to
565-613: A few cases. The judicial power extends to cases arising under the Constitution, an Act of Congress ; a U.S. treaty ; cases affecting ambassadors , ministers and consuls of foreign countries in the U.S.; cases and controversies to which the federal government is a party; controversies between states (or their citizens) and foreign nations (or their citizens or subjects); and bankruptcy cases (collectively "federal-question jurisdiction"). The Eleventh Amendment removed from federal jurisdiction cases in which citizens of one state were
678-472: A pre-1924 case that said, "when Indians are prepared to exercise the privileges and bear the burdens of" sui iuris , i.e. of one's own right and not under the power of someone else, "the tribal relation may be dissolved and the national guardianship brought to an end, but it rests with Congress to determine when and how this shall be done, and whether the emancipation shall be complete or only partial" ( U.S. v. Nice , 1916). The court further determined, based on
791-756: A result of a pair of treaties in 1830s, two tribal nations (the Cherokee and Choctaw ) each have the right to send non-voting members to the United States House of Representatives (similar to a non-state U.S. territory or the federal district ); the Choctaw have never exercised their right to do so since they were given the power and the Cherokee had not done so until appointing a delegate in 2019, though this delegate has not been accepted by Congress. Another dispute over American Indian government
904-475: A separate agency, the Bureau of Indian Affairs has been in place since 1824. The idea that tribes have an inherent right to govern themselves is at the foundation of their constitutional status – the power is not delegated by congressional acts. Congress can, however, limit tribal sovereignty. Unless a treaty or federal statute removes a power, however, the tribe is assumed to possess it. Current federal policy in
1017-478: A single elected term." Under the Presentment Clause of Article I, a bill that passes both chambers of Congress shall be presented to the president, who may sign the bill into law or veto the bill by returning it to the chamber where it originated. If the president neither signs nor vetoes a bill "within ten Days (Sundays excepted) after it shall have been presented to him" it becomes a law without
1130-412: A tax from the tribe, were not exempted from the tribal justice system because they had been granted U.S. citizenship. It found that tribes "still possess their inherent sovereignty excepting only when it has been specifically taken from them by treaty or Congressional Act". This means American Indians do not have exactly the same rights of citizenship as other American citizens. The court cited case law from
1243-454: Is composed of three distinct branches: legislative , executive , and judicial , whose powers are vested by the U.S. Constitution in the Congress , the president , and the federal courts , respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts subordinate to the U.S. Supreme Court . In
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#17327721707601356-535: Is empowered to "regulate commerce with foreign nations…states…and with the Indian tribes." Technically, Congress has no more power over Indian nations than it does over individual states. In the 1970s, Native American self-determination replaced Indian termination policy as the official United States policy towards Native Americans. Self-determination promoted the ability of tribes to self-govern and make decisions concerning their people. In dealing with Indian policy,
1469-408: Is its sovereignty versus that of the states. The federal U.S. government has always been the government that makes treaties with Indian tribes – not individual states. Article 1, Section 8 of the Constitution states that "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes". This determined that Indian tribes were separate from
1582-610: Is named for its principal co-sponsors, Senators Clifford P. Case (R–NJ) and Frank Church (D–ID). The amendment was defeated 48–42 in the U.S. Senate in August 1972, but revived after the 1972 election. It was reintroduced on January 26, 1973 and approved by the Senate Foreign Relations Committee on May 13. When it became apparent that the amendment would pass, President Richard Nixon and Secretary of State Henry Kissinger , lobbied frantically to have
1695-766: Is not regulation or legislation in place to sufficiently curb this practice at the rate necessary to preserve Native American land and natural resources. In 2023, the federally-recognized Resighini Rancheria of the Yurok People, Tolowa Dee-ni' Nation , and Cher-Ae Heights Indian Community of the Trinidad Rancheria announced that as territorial governments they have protected the Yurok-Tolowa-Dee-ni' Indigenous Marine Stewardship Area of 700 square miles (1,800 km ) of ocean waters and coastline reaching from Oregon to just south of Trinidad in
1808-598: Is reasonably well settled, tribes are still striving to achieve criminal jurisdiction over non-Native persons who commit crimes in Indian Country. This is largely due to the Supreme Court's ruling in 1978 in Oliphant v. Suquamish Indian Tribe that tribes lack the inherent authority to arrest, try and convict non-Natives who commit crimes on their lands (see below for additional discussion on this point.) As
1921-422: Is shared between the federal government and state governments . The interpretation and execution of these principles, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make a case for expansive federal powers while others argue for a more limited role for the central government in relation to individuals,
2034-448: The Duro fix , also over non-member Indians regarding crime on tribal land. The Violence Against Women Reauthorization Act of 2013 expanded the criminal jurisdiction of tribes over non-Indian perpetrators of domestic violence that occur in Indian Country when the victim is Indian. The 1968 Indian Civil Rights Act limited tribal punishment to one year in jail and a $ 5,000 fine, but this
2147-587: The Indian Reorganization Act , codified as Title 25, Section 476 of the U.S. Code, allowed Indian nations to select from a catalogue of constitutional documents that enumerated powers for tribes and for tribal councils . Though the Act did not specifically recognize the Courts of Indian Offenses, 1934 is widely considered to be the year when tribal authority, rather than United States authority, gave
2260-653: The Chippewa ceding extensive lands to the U.S., but maintaining usufructuary rights to fishing, hunting, and gathering in perpetuity on all ceded land. Wartime industry of the early 1900s introduced uranium mining and the need for weapons testing sites, for which the U.S. federal government often selected former and current tribal territories in the southwestern deserts. Uranium mines were constructed upstream of Navajo and Hopi reservations in Arizona and Nevada, measurably contaminating Native American water supply through
2373-605: The Indian Citizenship Act of 1924 ( Pub. L. 68–175 , H.R. 6355, 43 Stat. 253 , enacted June 2, 1924 ), granted all non-citizen resident Indians citizenship. Thus the Revenue Act declared that there were no longer any "Indians, not taxed" to be not counted for purposes of United States congressional apportionment . President Calvin Coolidge signed the bill into law. In 1934
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#17327721707602486-784: The Paris Peace Accords . U.S. bombing had ended on January 28 in Vietnam and in April in Laos, though bombing intensified in Cambodia. US bombing in Cambodia, the only form of US combat action that had continued in any part of Indochina after April, ended on August 15, 1973, the deadline set by the amendment. Airlift of munitions and food to Cambodia and South Vietnam continued until April 1975. United States Government [REDACTED] [REDACTED] The federal government of
2599-508: The Senate . The U.S. House of Representatives is made up of 435 voting members, each of whom represents a congressional district in a state from where they were elected. Apportionment of seats among the 50 states is determined by state populations, and it is updated after each decennial U.S. Census. Each member serves a two-year term. In order to be elected as a representative, an individual must be at least 25 years of age, must have been
2712-526: The Supreme Court , combat piracies and felonies , declare war , raise and support armies , provide and maintain a navy , make rules for the regulation of land and naval forces, provide for, arm and discipline the militia , exercise exclusive legislation in the District of Columbia , regulate interstate commerce , and to make laws necessary to properly execute powers. Over the two centuries since
2825-494: The U.S. Senate , all members of the U.S. House must be elected and cannot be appointed. In the case of a vacancy, the seat must be filled through a special election, as required under Article 1 of the U.S. Constitution. In contrast, the Senate is made up of two senators from each state, regardless of population. There are currently 100 senators (2 from each of the 50 states), who each serve six-year terms. Approximately one-third of
2938-532: The U.S. Tax Court , are specialized courts handling only certain kinds of cases, known as subject matter jurisdiction . The Bankruptcy Courts are supervised by the district courts, and, as such, are not considered part of the Article III judiciary. As such, their judges do not have lifetime tenure, nor are they Constitutionally exempt from diminution of their remuneration. The Tax Court is an Article I Court, not an Article III Court. The district courts are
3051-600: The United States recognizes this sovereignty and stresses the government-to-government relations between the United States and Federally recognized tribes . However, most Native American land is held in trust by the United States, and federal law still regulates the economic rights of tribal governments and political rights. Tribal jurisdiction over persons and things within tribal borders are often at issue. While tribal criminal jurisdiction over Native Americans
3164-505: The United States District Courts , which are the general trial courts for federal law, and for certain controversies between litigants who are not deemed citizens of the same state, known as diversity jurisdiction . There are three levels of federal courts with general jurisdiction, which are courts that handle both criminal and civil suits between individuals. Other courts, such as the bankruptcy courts and
3277-914: The United States Postal Service (USPS), NASA , the Central Intelligence Agency (CIA), the Environmental Protection Agency (EPA), and the United States Agency for International Development (USAID). In addition, there are government-owned corporations , including the Federal Deposit Insurance Corporation and the National Railroad Passenger Corporation . The Judiciary, under Article III of
3390-713: The White House staff, the National Security Council , the Office of Management and Budget , the Council of Economic Advisers , the Council on Environmental Quality , the Office of the U.S. Trade Representative , the Office of National Drug Control Policy , and the Office of Science and Technology Policy . Outside of the EOP and the executive departments are a number of independent agencies . These include
3503-508: The federal division of power, the federal government shares sovereignty with each of the 50 states in their respective territories. U.S. law recognizes Indigenous tribes as possessing sovereign powers , while being subject to federal jurisdiction. The full name of the republic is the "United States of America". No other name appears in the Constitution , and this is the name that appears on money, in treaties, and in legal cases to which
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3616-630: The head of government (the chief executive). The Constitution directs the president to " take care that the laws be faithfully executed " and requires the president to swear or affirm to "preserve, protect and defend the Constitution of the United States." Legal scholars William P. Marshall and Saikrishna B. Prakash write of the Clause: "the President may neither breach federal law nor order their subordinates to do so, for defiance cannot be considered faithful execution. The Constitution also incorporates
3729-463: The "Dawes Act" was named for Senator Henry L. Dawes of Massachusetts, Chairman of the Senate's Indian Affairs Committee. It came as another crucial step in attacking the tribal aspect of the Indians of the time. In essence, the act broke up the land of most all tribes into modest parcels to be distributed to Indian families, and those remaining were auctioned off to white purchasers. Indians who accepted
3842-553: The 1940s and 1950s with lasting impacts to this day. The Nevada desert was also a common nuclear testing site for the U.S. military through World War II and the Cold War , the closest residents being Navajo Nation members. In 1970, President Richard Nixon established the federal government's Environmental Protection Agency (EPA). In 1974, the EPA became the first U.S. federal agency to release an Indian Policy, which established
3955-439: The Act ended United States recognition of additional Native American tribes or independent nations and prohibited additional treaties. Thus, it required the federal government no longer interact with the various tribes through treaties, but rather through statutes: That hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom
4068-886: The Cabinet who are appointed by the president. These are the White House Chief of Staff, Administrator of the Environmental Protection Agency, Director of the Office of Management & Budget, United States Trade Representative, U.S. Ambassador to the United Nations, Chairman of the Council of Economic Advisers, and Administrator of the Small Business Administration. The heads of the 15 departments are chosen by
4181-643: The Constitution, explains and applies the laws. This branch does this by hearing and eventually making decisions on various legal cases. Article III section I of the Constitution establishes the Supreme Court of the United States and authorizes the United States Congress to establish inferior courts as their need shall arise. Section I also establishes a lifetime tenure for all federal judges and states that their compensation may not be diminished during their time in office. Article II section II establishes that all federal judges are to be appointed by
4294-593: The English bars on dispensing or suspending the law, with some supposing that the Clause itself prohibits both." Many presidential actions are undertaken via executive orders , presidential proclamations , and presidential memoranda . The president is the commander-in-chief of the armed forces . Under the Reception Clause , the president is empowered to "receive Ambassadors and other public Ministers";
4407-556: The Fort Belknap Indian community are not in part, at least, arms of the federal government. Originally they were created by federal executive and imposed upon the Indian community, and to this day the federal government still maintains a partial control over them." In the end however, the Ninth Circuit limited its decision to the particular reservation in question and stated, "it does not follow from our decision that
4520-521: The House plus its two senators). The District of Columbia has a number of electoral votes "equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State". A President may also be seated by succession . As originally drafted, there was no limit to the time a President could serve, however
4633-617: The Mellon tax bill after U.S. Secretary of the Treasury Andrew Mellon , cut federal tax rates and established the U.S. Board of Tax Appeals , which was later renamed the United States Tax Court in 1942. The Revenue Act was applicable to incomes for 1924. The bottom rate, on income under $ 4,000, fell from 1.5% to 1.125% (both rates are after reduction by the " earned income credit "). A parallel act,
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4746-784: The President alone, in the Courts of Law, or in the Heads of Departments." These appointments delegate "by legal authority a portion of the sovereign powers of the federal government." The Constitution grants the president the "Power to grant Reprieves and Pardons for Offences against the United States , except in Cases of Impeachment"; this clemency power includes the power to issue absolute or conditional pardons, and to issue commute sentences , to remit fines, and to issue general amnesties . The presidential clemency power extends only to federal crimes, and not to state crimes. The president has informal powers beyond their formal powers. For example,
4859-439: The Senate stands for election every two years. If a vacancy occurs, the state governor appoints a replacement to complete the term or to hold the office until a special election can take place. The House and Senate each have particular exclusive powers. For example, the Senate must approve (give " advice and consent " to) many important presidential appointments, including cabinet officers, federal judges (including nominees to
4972-613: The Supreme Court (see below), are today often summarized in three principles of U.S. Indian law: The Marshall Trilogy is a set of three Supreme Court decisions in the early nineteenth century affirming the legal and political standing of Indian nations. Originally, the United States had recognized the Indian Tribes as independent nations, but after the Civil War, the U.S. suddenly changed its approach. The Indian Appropriations Act of 1871 had two significant sections. First,
5085-600: The Supreme Court at that time, Warren Burger , and Justice Thurgood Marshall filed a dissenting opinion). But the case left unanswered some questions, including whether tribal courts could use criminal contempt powers against non-Indians to maintain decorum in the courtroom, or whether tribal courts could subpoena non-Indians. A 1981 case, Montana v. United States , clarified that tribal nations possess inherent power over their internal affairs, and civil authority over non-members on fee-simple lands within its reservation when their "conduct threatens or has some direct effect on
5198-472: The Supreme Court held that a tribal court does not have criminal jurisdiction over a non-member Indian, but that tribes "also possess their traditional and undisputed power to exclude persons who they deem to be undesirable from tribal lands. ... Tribal law enforcement authorities have the power if necessary, to eject them. Where jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain and transport him to
5311-479: The Supreme Court), department secretaries (heads of federal executive branch departments), U.S. military and naval officers, and ambassadors to foreign countries. All legislative bills for raising revenue must originate in the House of Representatives. The approval of both chambers is required to pass all legislation, which then may only become law by being signed by the president (or, if the president vetoes
5424-493: The Twenty-second Amendment, ratified in 1951, originally limits any president to serving two four-year terms (8 years); the amendment specifically "caps the service of a president at 10 years" by providing that "if a person succeeds to the office of president without election and serves less than two years, he may run for two full terms; otherwise, a person succeeding to office of president can serve no more than
5537-600: The U.S Supreme Court ruled in McGirt v. Oklahoma that the state of Oklahoma acted outside its jurisdiction when trying a member of the Muscogee (Creek) Nation in 1997 for rape and that the case should have been tried in federal court since Congress had never officially dissolved the reservation in question. The ruling's expansion of jurisdiction sovereignty also opened the possibility for Native Americans to obtain more power in alcohol regulation and casino gambling. Similar to
5650-515: The United States Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties . As the U.S. accelerated its westward expansion , internal political pressure grew for " Indian removal ", but
5763-490: The United States ( U.S. federal government or U.S. government ) is the common government of the United States , a federal republic located primarily in North America , comprising 50 states , five major self-governing territories , several island possessions , and the federal district (national capital) of Washington, D.C. , where the majority of the federal government is based. The U.S. federal government
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#17327721707605876-401: The United States may contract by treaty: Provided, further, that nothing herein contained shall be construed to invalidate or impair the obligation of any treaty heretofore lawfully made and ratified with any such Indian nation or tribe. The 1871 Act also made it a federal crime to commit murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny within any Territory of
5989-900: The United States retains control over the scope of tribal law making. Laws adopted by Native American governments must also pass the Secretarial Review of the Department of Interior through the Bureau of Indian Affairs. With crime twice as high on Indian lands, federal funding of tribal courts has been criticized by the United States Commission on Civil Rights and the Government Accountability Office as inadequate to allow them to perform necessary judicial functions, such as hiring officials trained in law, and prosecuting cases neglected by
6102-525: The United States was formed, many disputes have arisen over the limits on the powers of the federal government. These disputes have often been the subject of lawsuits that have ultimately been decided by the United States Supreme Court . Congressional oversight is intended to prevent waste and fraud, protect civil liberties and individual rights, ensure executive compliance with the law, gather information for making laws and educating
6215-525: The United States. On April 10, 1883, five years after establishing Indian police powers throughout the various reservations, the Indian Commissioner approved rules for a "court of Indian offenses". The court provided a venue for prosecuting criminal charges but afforded no relief for tribes seeking to resolve civil matters. Another five years later, Congress began providing funds to operate the Indian courts. While U.S. courts clarified some of
6328-511: The United States. In 1831, Cherokee Nation v. Georgia established a trust relationship between the United States and tribal territories. This gave the U.S. federal government primary jurisdictional authority over tribal land use, while maintaining tribal members' rights to reside on their land and access its resources. Similarly, in 1841, a treaty between the U.S. federal government and the Mole Lake Band of Sokaogon Chippewa resulted in
6441-481: The assets, land, water, and treaty rights of the tribal nations. The 1871 Act was affirmed in 1886 by the U.S. Supreme Court, in United States v. Kagama , which affirmed that the Congress has plenary power over all Native American tribes within its borders by rationalization that "The power of the general government over these remnants of a race once powerful ... is necessary to their protection as well as to
6554-458: The bill, both houses of Congress then re-pass the bill, but by a two-thirds majority of each chamber, in which case the bill becomes law without the president's signature). The powers of Congress are limited to those enumerated in the Constitution; all other powers are reserved to the states and the people. The Constitution also includes the Necessary and Proper Clause , which grants Congress
6667-402: The case from state court to federal court. The United States Courts of Appeals are appellate courts that hear appeals of cases decided by the district courts, and some direct appeals from administrative agencies, and some interlocutory appeals. The U.S. Supreme Court hears appeals from the decisions of the courts of appeals or state supreme courts, and in addition has original jurisdiction over
6780-404: The chambers to consider urgent matters. The vice president is the second-highest official in rank of the federal government. The vice president's duties and powers are established in the legislative branch of the federal government under Article 1, Section 3, Clauses 4 and 5 as the president of the Senate ; this means that they are the designated presiding officer of the Senate. In that capacity,
6893-544: The consent of two-thirds of the Senate. Article II's Appointments Clause provides that the president "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States " while providing that "Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in
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#17327721707607006-486: The control of Congress, but except as Congress has expressly restricted or limited the internal powers of sovereignty vested in the Indian tribes such powers are still vested in the respective tribes and may be exercised by their duly constituted organs of government." In 1953, Congress enacted Public Law 280 , which gave some states extensive jurisdiction over the criminal and civil controversies involving Indians on Indian lands. Many, especially Indians, continue to believe
7119-454: The dawn of the 21st century, the powers of tribal courts across the United States varied, depending on whether the tribe was in a Public Law 280 (PL280) state (Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin). The U.S. Supreme Court ruled in the 1978 decision Oliphant v. Suquamish Indian Tribe that tribes have no jurisdiction over non-Indians. Tribal courts maintain much criminal jurisdiction over their members, and because of
7232-525: The deadline extended. However, under pressure from the extreme scrutiny of Watergate , Republicans relented on support for South Vietnam, and the amendment passed the United States Congress in June 1973 by a margin of 325–86 in the House, 73–16 in the Senate. Both of these margins for the amendment's passage were greater than the two-thirds majority required to override a presidential veto, and Nixon signed it on July 1, 1973. The last U.S. forces had been withdrawn from South Vietnam in March 1973 pursuant to
7345-757: The earlier Lone Wolf v. Hitchcock case, that "It is thoroughly established that Congress has plenary authority over Indians." The court held that, "the granting of citizenship in itself did not destroy ... jurisdiction of the Indian tribal courts and ... there was no intention on the part of Congress to do so." The adultery conviction and the power of tribal courts were upheld. Further, the court held that whilst no law had directly established tribal courts, federal funding "including pay and other expenses of judges of Indian courts" implied that they were legitimate courts. Iron Crow v. Oglala Sioux Tribe , 231 F.2d 89 (8th Cir. 1956) ("including pay and other expenses of judges of Indian courts"). At
7458-517: The economy. In addition, each house may name special, or select, committees to study specific problems. Today, much of the congressional workload is borne by the subcommittees, of which there are around 150. The Constitution grants numerous powers to Congress. Enumerated in Article I, Section 8, these include the powers to levy and collect taxes ; to coin money and regulate its value; provide for punishment for counterfeiting; establish post offices and roads, issue patents, create federal courts inferior to
7571-433: The emergence of environmental justice movements in the United States through the 1990s, President Bill Clinton released executive orders 12898 (1994) and 13007 (1996). EO 12898 affirmed disparate impacts of climate change as stratified by socioeconomic status; EO 13007 ordered the protection of Native American cultural sites. Since the passage of EO 12898 and EO 13007, tribal prosecutors have litigated extensively against
7684-418: The executive branch when becoming president upon the death, resignation, or removal of the president, which has happened nine times in U.S. history. Lastly, in the case of a Twenty-fifth Amendment succession event, the vice president would become acting president, assuming all of the powers and duties of president, except being designated as president. Accordingly, by circumstances, the Constitution designates
7797-478: The farmland and became "civilized" were made American citizens. But the Act itself proved disastrous for Indians, as much tribal land was lost, and cultural traditions destroyed. Whites benefited the most; for example, when the government made 2 million acres (8,100 km ) of Indian lands available in Oklahoma, 50,000 white settlers poured in almost instantly to claim it all (in a period of one day, April 22, 1889). Evolution of relationships: The evolution of
7910-461: The federal government and industry polluters over land use and jurisdiction with varying degrees of success. In 2007, the U.N. adopted the Declaration on the Rights of Indigenous People ("The Declaration"), despite the United States voting against it along with Australia , New Zealand , and Canada . In 2010, President Barack Obama revisited The Declaration and declared that the U.S. government now supported it; however, as of December 2022,
8023-423: The federal government. The United States Constitution specifically mentions American Indians three times. Article I, Section 2, Clause 3 and the Section 2 of the Fourteenth Amendment address the handling of "Indians not taxed" in the apportionment of the seats of the House of Representatives according to population and in so doing suggest that Indians need not be taxed. In Article I Section 8, Clause 3, Congress
8136-520: The federal government; for instance, the Federal Bureau of Investigation , National Oceanic and Atmospheric Administration , and National Park Service . Because the seat of government is in Washington, D.C. , "Washington" is sometimes used as a metonym for the federal government. The United States government is based on the principles of federalism and republicanism , in which power
8249-413: The federal or state governments and that the states did not have power to regulate commerce with the tribes, much less regulate the tribes. The states and tribal nations have clashed over many issues such as Indian gaming , fishing, and hunting. American Indians believed that they had treaties between their ancestors and the United States government, protecting their right to fish, while non-Indians believed
8362-486: The law and creating precedent for future law and decisions. The United States Constitution does not specifically mention the power of judicial review , which is the power to declare a law unconstitutional. There have been instances in the past where such declarations have been ignored by the other two branches. Below the U.S. Supreme Court are the United States Courts of Appeals , and below them in turn are
8475-493: The law unfair because it imposed a system of laws on the tribal nations without their approval. In 1965 the United States Court of Appeals for the Ninth Circuit concluded that no law had ever extended provisions of the U.S. Constitution, including the right of habeas corpus , to tribal members brought before tribal courts. Still, the court concluded, "it is pure fiction to say that the Indian courts functioning in
8588-445: The model of environmental federalism operational today. Under this model, the federal EPA sets water, air, and waste disposal standards, but delegates enforcement authority and the opportunity to design stricter environmental regulations to each state. Enforcement authority over Native American territory, however, remains under federal EPA jurisdiction, unless a given tribe applies for and is granted Treatment as State (TAS) status. With
8701-478: The modern legal era, the courts and Congress have, however, further refined the often competing jurisdictions of tribal nations, states and the United States in regard to Indian law. In the 1978 case of Oliphant v. Suquamish Indian Tribe , the Supreme Court, in a 6–2 opinion authored by Justice William Rehnquist , concluded that tribal courts do not have jurisdiction over non-Indians (the Chief Justice of
8814-534: The modern real estate market. While Native Nations have made substantial progress in land and resource sovereignty, such authority is limited to land classified as 'Native American owned.' In the private real estate market, however, big industry polluters and hopeful miners have made a practice of buying out individual landowners in Native American residential areas, subsequently using that land to build mines or factories which increase local pollution . There
8927-464: The nation is a party. The terms "Government of the United States of America" or "United States Government" are often used in official documents to represent the federal government as distinct from the states collectively. In casual conversation or writing, the term "Federal Government" is often used, and the term "U.S. Government" is sometimes used. The terms "Federal" and "National" in government agency or program names generally indicate affiliation with
9040-477: The nation's highest judiciary authority, the Supreme Court (as well as to lower federal courts), but those nominees must be approved by Congress. The Supreme Court, in turn, can invalidate unconstitutional laws passed by the Congress. The United States Congress , under Article I of the Constitution, is the legislative branch of the federal government. It is bicameral , comprising the House of Representatives and
9153-702: The office of vice president. Article II, Section 2 of the Constitution sets forth the creation of a presidential Cabinet. The role of the Cabinet is to advise the president and carry out the programs and laws of the federal government. The Cabinet is composed of the vice president and the leaders of 15 executive departments. Those executive departments are the Departments of State, Treasury, Defense, Justice, Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security. Additionally, there are seven other members of
9266-403: The official. Then, a trial is held in the Senate to decide whether the official should be removed from office. As of 2023 , three presidents have been impeached: Andrew Johnson , Bill Clinton , and Donald Trump (twice). None of the three were removed from office following trial in the Senate. Article I, Section 2, paragraph 2 of the U.S. Constitution gives each chamber the power to "determine
9379-583: The pace of treaty-making grew regardless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling a "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871 , Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as " domestic dependent nations " and uses its own legal system to define
9492-488: The plaintiffs and the government of another state was the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state the defendant. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in
9605-521: The political integrity, the economic security, or the health or welfare of the tribe." Other cases of those years precluded states from interfering with tribal nations' sovereignty. Tribal sovereignty is dependent on, and subordinate to, only the federal government, not states, under Washington v. Confederated Tribes of Colville Indian Reservation (1980). Tribes are sovereign over tribal members and tribal land, under United States v. Mazurie (1975). In Duro v. Reina , 495 U.S. 676 (1990),
9718-543: The power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers". Members of the House and Senate are elected by first-past-the-post voting in every state except Louisiana and Georgia , which have runoffs , and Maine and Alaska , which use ranked-choice voting . Congress has the power to remove the president, federal judges, and other federal officers from office. The House of Representatives and Senate have separate roles in this process. The House must first vote to impeach
9831-497: The power to adjourn Congress whenever the House and Senate cannot agree when to adjourn; no president has ever used this power. The president also has the constitutional power to, "on extraordinary Occasions, convene both Houses, or either of them"; this power has been used "to consider nominations, war, and emergency legislation." This Section invests the President with the discretion to convene Congress on "extraordinary occasions"; this special session power that has been used to call
9944-495: The power to re-organize or even abolish federal courts lower than the Supreme Court. The U.S. Supreme Court decides cases and controversies , which include matters pertaining to the federal government, disputes between states, and interpretation of the United States Constitution, and, in general, can declare legislation or executive action made at any level of the government as unconstitutional , nullifying
10057-502: The president and approved with the "advice and consent" of the U.S. Senate. Once confirmed, these "Cabinet secretaries" serve at the pleasure of the president. In addition to the executive departments, a number of staff organizations are grouped into the Executive Office of the President (EOP), which was created in 1939 by President Franklin D. Roosevelt. The EOP is overseen by the White House Chief of Staff. The EOP includes
10170-485: The president and confirmed by the United States Senate. The Judiciary Act of 1789 subdivided the nation jurisdictionally into judicial districts and created federal courts for each district. The three tiered structure of this act established the basic structure of the national judiciary: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress retains
10283-543: The president has broad authority to conduct foreign relations, is generally considered to have the sole power of diplomatic recognition , and is the United States' chief diplomat, although the Congress also has an important role in legislating on foreign affairs, and can, for example, "institute a trade embargo, declare war upon a foreign government that the President had recognized, or decline to appropriate funds for an embassy in that country." The president may also negotiate and sign treaties, but ratifying treaties requires
10396-474: The president has major agenda-setting powers to influence lawmaking and policymaking, and typically has a major role as the leader of their political party . The president and vice president are normally elected as running mates by the Electoral College ; each state has a number of electoral votes equal to the size of its Congressional delegation ( i.e. , its number of Representatives in
10509-525: The president's signature, "unless the Congress by their Adjournment prevent its Return in which Case it shall not be a Law" (called a pocket veto ). A presidential veto may be overridden by a two-thirds vote in both houses of Congress; this occurs relatively infrequently. The president may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for " treason , bribery , or other high crimes and misdemeanors ". The president may not dissolve Congress , but has
10622-724: The promised non-voting tribal delegates in the United States House of Representatives , the Maine House of Representatives maintains three state-level non-voting seats for representatives of the Passamaquoddy , Maliseet , and the Penobscot . Two of the seats are currently not filled in protest over issues of tribal sovereignty and rights. Following industrialization, the 1800s brought many challenges to tribal sovereignty over tribal members' occupied lands in
10735-603: The proper authorities." In response to this decision, Congress passed the ' Duro Fix', which recognizes the power of tribes to exercise criminal jurisdiction within their reservations over all Indians, including non-members. The Duro Fix was upheld by the Supreme Court in United States v. Lara , 541 U.S. 193 (2004). In Iron Crow v. Oglala Sioux Tribe , the United States Supreme Court concluded that two Oglala Sioux defendants convicted of adultery under tribal laws, and another challenging
10848-501: The public, and evaluate executive performance. It applies to cabinet departments, executive agencies, regulatory commissions, and the presidency. Congress's oversight function takes many forms: The executive branch is established in Article Two of the United States Constitution , which vests executive power in the president of the United States . The president is both the head of state (performing ceremonial functions) and
10961-547: The relationship between the federal, state, and tribal governments. The U.S. recognizes 574 tribal nations, 229 of which are in Alaska. The National Congress of American Indians explains, "Native peoples and governments have inherent rights and a political relationship with the U.S. government that does not derive from race or ethnicity." The United States Constitution mentions Native American tribes three times: These constitutional provisions, and subsequent interpretations by
11074-444: The relationship between tribal governments and federal governments has been glued together through partnerships and agreements. Also running into problems of course such as finances which also led to not being able to have a stable social and political structure at the helm of these tribes or states. The Revenue Act of 1924 ( Pub. L. 68–176 , H.R. 6715, 43 Stat. 253 , enacted June 2, 1924 ), also known as
11187-762: The requirements of The Declaration have still not been adopted into U.S. law. As recently as 2015, the Gold King Mine contaminated three million gallons of water in the Colorado River which serves as drinking water for the Navajo and Hopi downstream. The federal EPA appropriated $ 156,000 in reparations for Gold King Mine, while the Flint, Michigan water crisis in 2014 received $ 80 million in federal funds. A recent challenge faced by Native Americans regarding land and natural resource sovereignty has been posed by
11300-418: The rights and responsibilities of states and the federal government toward the Indian nations within the new nation's first century, it was almost another century before United States courts determined what powers remained vested in the tribal nations. In the interim, as a trustee charged with protecting their interests and property, the federal government was legally entrusted with ownership and administration of
11413-477: The rules of its proceedings". From this provision were created congressional committees , which do the work of drafting legislation and conducting congressional investigations into national matters. The 118th Congress (2023–2025) has 20 standing committees in the House and 19 in the Senate, plus 4 joint permanent committees with members from both houses overseeing the Library of Congress , printing, taxation, and
11526-486: The safety of those among whom they dwell". The Supreme Court affirmed that the U.S. Government "has the right and authority, instead of controlling them by treaties, to govern them by acts of Congress, they being within the geographical limit of the United States. ... The Indians owe no allegiance to a State within which their reservation may be established, and the State gives them no protection." Passed by Congress in 1887,
11639-433: The same way as the president or other officials of the federal government. U.S. judges are appointed by the president, subject to confirmation by the Senate. Another Constitutional provision prohibits Congress from reducing the pay of any present Article III judge. However, Congress is able to set a lower salary for all future judges who take office after such a pay reduction is passed by Congress. Tribal sovereignty in
11752-473: The shores of Cambodia, Laos, North Vietnam and South Vietnam by United States forces, and after August 15, 1973, no other funds heretofore appropriated under any other act may be expended for such purpose." This ended direct U.S. military involvement in the Vietnam War , although the U.S. continued to provide military equipment and economic support to the governments of Cambodia, Laos, and South Vietnam. It
11865-514: The states were responsible for regulating commercial and sports fishing. In the case Menominee Tribe v. United States in 1968, it was ruled that "the establishment of a reservation by treaty, statute or agreement includes an implied right of Indians to hunt and fish on that reservation free of regulation by the state". States have tried to extend their power over the tribes in many other instances, but federal government ruling has continuously ruled in favor of tribal sovereignty. A seminal court case
11978-540: The states, or other recognized entities. Since the American Civil War , the powers of the federal government have generally expanded greatly, although there have been periods since that time of legislative branch dominance (e.g., the decades immediately following the Civil War) or when states' rights proponents have succeeded in limiting federal power through legislative action, executive prerogative or by
12091-529: The trial courts wherein cases that are considered under the Judicial Code (Title 28, United States Code) consistent with the jurisdictional precepts of federal question jurisdiction , diversity jurisdiction, and pendent jurisdiction can be filed and decided. The district courts can also hear cases under removal jurisdiction , wherein a case brought in a state court meets the requirements for diversity jurisdiction, and one party litigant chooses to "remove"
12204-412: The tribal court must comply with every constitutional restriction that is applicable to federal or state courts." While many modern courts in Indian nations today have established full faith and credit with state courts, the nations still have no direct access to U.S. courts. When an Indian nation files suit against a state in U.S. court, they do so with the approval of the Bureau of Indian Affairs . In
12317-488: The tribal courts legitimacy. John Collier and Nathan Margold wrote the solicitor's opinion, "Powers of Indian Tribes" which was issued October 25, 1934, and commented on the wording of the Indian Reorganization Act . This opinion stated that sovereign powers inhered in Indian tribes except for where they were restricted by Congress. The opinion stated that "Conquest has brought the Indian tribes under
12430-518: The vice president as routinely in the legislative branch, or succeeding to the executive branch as president, or possibly being in both as acting president pursuant to the Twenty-fifth Amendment . Because of circumstances, the overlapping nature of the duties and powers attributed to the office, the title of the office and other matters, such has generated a spirited scholarly dispute regarding attaching an exclusive branch designation to
12543-522: The vice president has the authority ( ex officio , for they are not an elected member of the Senate) to cast a tie-breaking vote . Pursuant to the Twelfth Amendment , the vice president presides over the joint session of Congress when it convenes to count the vote of the Electoral College . As first in the U.S. presidential line of succession , the vice president's duties and powers move to
12656-550: Was Worcester v. Georgia . Chief Justice Marshall found that "England had treated the tribes as sovereign and negotiated treaties of alliance with them. The United States followed suit, thus continuing the practice of recognizing tribal sovereignty. When the United States assumed the role of protector of the tribes, it neither denied nor destroyed their sovereignty." As determined in the Supreme Court case United States v. Nice (1916), U.S. citizens are subject to all U.S. laws even if they also have tribal citizenship. In July 2020,
12769-823: Was expanded by the Tribal Law and Order Act of 2010 . While tribal nations do not enjoy direct access to U.S. courts to bring cases against individual states, as sovereign nations they do enjoy immunity against many lawsuits, unless a plaintiff is granted a waiver by the tribe or by congressional abrogation. The sovereignty extends to tribal enterprises and tribal casinos or gaming commissions. The Indian Civil Rights Act does not allow actions against an Indian tribe in federal court for deprivation of substantive rights, except for habeas corpus proceedings. Tribal and pueblo governments today launch far-reaching economic ventures, operate growing law enforcement agencies, and adopt codes to govern conduct within their jurisdiction, while
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