Native American Sovereign Rights

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Identity is a concept that encompasses a lot when we are applying it to modern day individuals. In America for example, people seem to have hundreds of different identities. But people are free to choose their identity for the most part. Which is not the case for many Native Americans. With the harsh arrival of the British coming over from England, the Native Americans were immediately squandered. They were pushed out of their lands and homes to make room for the new settlers. Ever since then they have continued to be confined and oppressed by Americans. Westward expansion made things worse, they continued to push the native populations to other areas so that they could make room for the Americans. Worse than just confining, but Americans created …show more content…
However, there are many restrictions still placed upon them. Tribes can practice sovereign rights, but they must be federally recognized too. Some tribes are state recognized but not federally recognized and vice versa. However, the sovereign rights/court is higher than a state’s court/ rights. If someone claims to identify with a certain native tribe, they face many boundaries to entry. First each tribe has its own way of deciding who is recognized and who will be rejected. For instance, Cherokees recognize people that can be traced back to the rolls they have from many decades ago. Whereas some tribes will recognize anyone who claims membership. Even if an individual is recognized by the tribe they may not appear to “look” Native American. Garroutte references the “brown paper bag test” regarding people appearing to be native. In reality, there are many recognized members of tribes who have fair skin. There are four main ways to identify native peoples in the U.S. Law, biology, culture, and self-identification. There is a law that regards blood quantum, many tribes want people to prove much Native American they have in their blood. If the blood is “too diluted” they are not willing to recognize the