Indian Country Jurisdiction

Supreme Court Cases & Legislation

Panorama of the Fort Mojave Indian Reservation near Bullhead City, Arizona
Colonial & Early U.S. Policy
Cases	Johnson v. McIntosh; Cherokee Nation v. Georgia; Worcester v. Georgia
Legislation	Trade & Intercourse Act; Indian Removal Act;
Allotment
Cases	U.S. v. Kagama; Talton v. Mayes; Lone Wolf v. Hitchcock
Legislation	Major Crimes Act; General Allotment Act (Dawes Act); Indian Citizenship Act
Reorganization
Legislation	Indian Reorganization Act
Termination
Cases	Tee-Hit-Ton v. U.S.; Williams v. Lee
Legislation	House Concurrent Resolution 108; Public Law 280; Urban Relocation Program; Termination Acts
Self-Determination
Cases	New Mexico v. Mescalero Apache Tribe; Oliphant v. Suquamish Indian Tribe; United States v. Wheeler; Santa Clara Pueblo v. Martinez; Montana v. U.S.; Merrion v. Jicarilla Apache Tribe; National Farmers Unions Ins. Co. v. Crow Tribe; California v. Cabazon Band of Mission Indians; Mississippi Band of Choctaw Indians v. Holyfield; Duro v. Reina; Nevada v. Hicks; Atkinson Trading Co. v. Shirley; United States v. Lara; Solem v. Bartlett
Legislation	Indian Civil Rights Acts; Indian Gaming Regulatory Act

Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in America. Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward Indians. Numerous Supreme Court decisions have created important precedents in Indian country jurisdiction, such as Worcester v. Georgia, Oliphant v. Suquamish Tribe, and Montana v. United States.

There have been many shifts in policy towards Indian Jurisdiction in the history of the United States. There are six major periods of policy regarding American Indians. The first is the British Colonial and Early U.S. Era, which was followed the Removal Era. The next period was the Allotment Era. The Reorganization Era was next and then the Termination Era. The last era is the one we are currently in, the Self-Determination Era. Different U.S. Supreme Court cases and Congressional rulings have shifted United States policy regarding Indian Jurisdiction, creating the different eras.

The British passed the Proclamation of 1763 which created a boundary line between the British colonies and the American Indians lands west of the Appalachian Mountains. The proclamation forbade the British colonists from moving beyond the proclamation line into Indian Territory.

Important legislations passed by the United States Congress in early United States history were the Indian Intercourse Acts. They were passed in 1780, and then they expired and were renewed every two years until 1802, when permanent legislation was passed. The final Indian Intercourse Act was passed in 1834. These acts did many things, including regulating relations between Indians and non-Indians living on Indian land and defining “Indian Country.”

After the Louisiana Purchase in 1803, the United States began trying to do extensive negations with the Indians in this newly acquired territory. U.S. citizens saw the land as being very fertile and as if it was theirs for the taking and because of this many land disputes arose between Indians and non-Indians in this region. The first case that allowed the American seizure of Indian lands was Johnson v. McIntosh, which stated that when a European nation discovered land in the new world, that it also gained the right to take the land from the natives by purchase or by conquest.