CEU Electronic Theses and Dissertations, 2017
| Author | Beham, Isabella Grace |
|---|---|
| Title | Tribal Sovereignty: Legal and Theoretical Perspective |
| Summary | Historically, the relationship between the Native American Nations and the US federal government can be characterized as one of an oppressor using the legal, child welfare, and educational systems to impose its standards of living, gender roles, and economic model on Native American communities. This history of forced assimilation still thrives today, largely through the US education system. This thesis examines concepts of autonomy, self-determination, and sovereignty to ascertain whether or not “tribal sovereignty” is a meaningful concept with a strong theoretical and legal foundation. Ultimately, this thesis argues that this is not the case. Turning to policy analysis, to analyze the legal framework of tribal sovereignty, this thesis examines three early Supreme Court cases that are foundational to understandings of tribal sovereignty, as well as one piece of legislation, The Indian Child Welfare Act, which was intended on addressing the assimilationist policies of the federal government. This thesis ends by questioning whether tribal sovereignty can be expressed in a meaningful way through the US legal system while exploring alternative ways in which self-determination can be expressed. |
| Supervisor | Pap, Andras |
| Department | Nationalism Studies MA |
| Full text | https://www.etd.ceu.edu/2017/beham_isabella.pdf |
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