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So you want to be part of an Indian tribe??

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  • Legalbear
    [62] The status of Indian tribes : This Court s deference to the political departments in determining whether Indians are recognized as a tribe, while it
    Message 1 of 1 , Nov 17, 2010
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      [62]       The status of Indian tribes : This Court's deference to the political departments in determining whether Indians are recognized as a tribe, while it reflects familiar attributes of political questions,*fn42 United States v. Holliday, 3 Wall. 407, 419, also has a unique element in that "the relation of the Indians to the United States is marked by peculiar and cardinal distinctions which exist no where else. . . . [The Indians are] domestic dependent nations . . . in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian." The Cherokee Nation v. Georgia, 5 Pet. 1, 16, 17.*fn43 Yet, here too, there is no blanket rule. While "'It is for [Congress] . . . , and not for the courts, to determine when the true interests of the Indian require his release from [the] condition of tutelage' . . . , it is not meant by this that Congress may bring a community or body of people within the range of this power by arbitrarily calling them an Indian tribe . . . ." United States v. Sandoval, 231 U.S. 28, 46. Able to discern what is "distinctly Indian," ibid., the courts will strike down any heedless extension of that label. They will not stand impotent before an obvious instance of a manifestly unauthorized exercise of power. Baker v. Carr, 1962.SCT.40611 <http://www.versuslaw.com>¶ 61; 369 U.S. 186 (1962).

       

       

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