Native American Laws

In U.S. law, the term “Indians” generally refers to the indigenous people of the continent at the time of European colonization. “Alaska Natives” and “Native Hawaiians” refer to people indigenous to the areas occupied by those states. The terms “tribe” and “band” designate a group of Indians of the same or similar heritage united in a community under one leadership or government and inhabiting a particular territory. The terms used may vary from statute to statute and case to case as well.

Indians may be recognized by others or by states without being recognized by the federal government. To determine whether a group will be recognized, courts and legislatures examine such factors as the extent of Indian governmental control over individual lives and activities, the extent to which the group exercises political control over specific territory and the continuity of the group's history.

Federal law recognizes a special kind of sovereign authority in Indian tribes to govern themselves, subject to an overriding federal authority. Indian tribes are considered by federal law to be domestic, dependent nations. This subordination to federal authority is said to be a protection from the power of states. Numerous federal statutes deal with Indian rights and governance, such as the Indian Reorganization Act and the Indian Civil Rights Act (also known as the Indian Bill of Rights).

Last update: Sept. 25, 2008

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