Opinion

Steven Newcomb: Supreme Court weighs tribal sovereigns





Steven Newcomb discusses oral arguments in Michigan v. Bay Mills Indian Community, which was heard by the U.S. Supreme Court on December 2:
U.S. attorney Edwin S. Kneedler, on behalf the United States government, spoke in support of Bay Mills Indian Community by talking about the “sovereignty” of “Indian tribes.” As Kneedler stated: “The Constitution refers to Indian tribes—Worcester v. Georgia announced that Indian tribes are sovereigns. We make treaties with sovereigns.”

In response to Mr. Kneedler’s claim that Worcester v. Georgia had “announced that Indian tribes are sovereigns,” Chief Justice Roberts said: “They [the tribes] are quasi sovereigns. Which means--”

Justice Ruth Bader Ginsburg quickly interjected: “Dependent sovereigns.”

Chief Justice Roberts, following Justice Ginsberg’s prompting, continued: “Dependent sovereigns which is surprising that the scope of their immunity exceeds that of States or foreign nations.”

Thus, Chief Justice Roberts made the statement, as if it were a fact, that Indian “tribes” are “quasi sovereigns.” As an adjective, the word quasi is usually interpreted as “having some resemblance to a given thing: SEEMING, VIRTUAL.”

As stated previously, Chief Justice Roberts’ definitive statement that Indian “tribes” are “quasi sovereigns” or “dependent sovereigns” was in response to Mr. Kneedler’s comment about Worcester v. Georgia. Yet in Worcester the Supreme Court never characterized Indian nations or “tribes” as being either “quasi” or “dependent sovereigns.” In fact, using the Delaware Nation treaty with the United States as a model, Chief Justice Marshall said in Worcester: “This treaty, in its language, and in its provisions, is formed, as near as may be, on the model of treaties between the crowned heads of Europe.”

Get the Story:
Steven Newcomb: Supreme Court Disputes Absolute Sovereignty of Tribes (Indian Country Today 12/17)

Join the Conversation