To analyse the Native American claim for sovereignty, making the assumption that the Native Americans possessed enough Land & population base, the only question left for examination is whether the Native American government …show more content…
Under federal law, a non-reservation member can’t be prosecuted for any crime irrespective of the heinousness in reservation territory by the tribal government. Most of the limited powers enjoyed today by the Indian governments are conferred on the basis of the Indian Reorganisation Act, 1934 of the Congress. Thereby, apart from being extremely limited in scope, these powers can be amended, eliminated or completely truncated at the whim of the Congress rendering them more illusory than real. It provided for the Native American people to form “reservation business committees” for conducting their limited business affairs with local, business & federal governments. The form & power of these committees has undergone limited change & the exercise of such powers is subject to the approval of the Bureau of Indian Affairs. Former Cheyenne River Sioux Tribal Chairman Frank Ducheneaux has observed that "today tribal leaders pay little attention to the Constitution and by-laws governing them and they have no knowledge of the history of their tribe, treaties and acts of Congress." However, Tribal governments have proven ineffective in tackling problems such as corrupt & self-serving elected officials. (Wunder, …show more content…
In House Concurrent Resolution 108 (1953) it was declared the policy of Congress to make the Indians States subject to the same laws and entitled to the same privileges as are applicable to other citizens. Public Law 280 was passed two weeks later , that authorized state governments for exercise of civil and criminal jurisdiction on "Indian reservations" without the consent of Native American