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The United States assumed tribes were conquered after the American Revolution, but tribes refused to submit. Moreover, tribes had the military capacity to hold their own against the Americans. As a result, the United States entered treaties with tribes – agreements between nations. Still, the United States could not prevent its citizens from violating treaties. One of the United States Constitution’s goals was to reduce tribal conflicts. By granting the federal government exclusive authority over Indian affairs, the Constitution prohibited states from developing conflicting Indian policies. The Constitution recognized tribes as distinct and independent sovereigns; indeed, the Constitution drew upon Indigenous influences. Following the Constitution’s ratification, the United States continued entering treaties with tribes, but treaties did not stop Americans from invading tribal land. The United States enacted laws to regulate tribal trade. Unauthorized purchases of tribal land ultimately reached the Supreme Court in the 1823 case of Johnson v. M’Intosh.

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5 - Governing the United States and Tribal Rights

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5 - Governing the United States and Tribal Rights

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