ABSTRACT
The relationship between Native nations and states has become 'one of the most vexing problems' for federal Indian law and policy. A shared understanding of Native sovereignty is essential for long-term positive relationships. This chapter offers a historical view of the tensions between states and Native nations from the 1700s through to the origins of the modern policy era. It focuses on the challenges that being treated as 'domestic-dependent nations' have created for the survival and vitality of Native peoples in the United States. The chapter also focuses on the way that states have been involved in Indian affairs and policy. It argues that confusion and conflict over understandings of Native sovereignty are not new in the contemporary era, even though they have certainly been exacerbated by recent federal policy shifts. The chapter presents some examples that offer a measure of state and territorial government encroachment on Native affairs and the variations of federal government responses.
