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Cooperation without SubmissionIndigenous Jurisdictions in Native Nation-US Engagements$
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Justin B. Richland

Print publication date: 2021

Print ISBN-13: 9780226608594

Published to Chicago Scholarship Online: May 2022

DOI: 10.7208/chicago/9780226608624.001.0001

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Beyond Dialogue: A Brief History of Native-US Engagement

Beyond Dialogue: A Brief History of Native-US Engagement

(p.35) 2 Beyond Dialogue: A Brief History of Native-US Engagement
Cooperation without Submission

Justin B. Richland

University of Chicago Press

This chapter offers an overview of the history of the laws and policies governing Tribal-U.S. relations and the meaning that Tribal actors have given to their engagements with the United States. Starting in the present, with the rise of new regulations requiring federal agencies to engage in “meaningful tribal consultation" with Native Nations, it considers this novel scheme as the most recent in a long history of efforts to regularize their relationship to Tribes as “domestic dependent nations.” The ambiguity of this relationship — sometimes described as one between sovereigns, sometimes as a guardianship — plays out in the details and artifacts of Native-U.S. engagements. It is seen in treaty texts and wampum design and their interpretation, but also in interactions like those before the infamous Dawes Commission. Drawing out themes across these events and artifacts, and how they are interpreted differently by those party to their creation, this chapter lays the groundwork for understanding how the everyday practices of Tribal actor engagements with their U.S. counterparts might usefully be analyzed in light of the Hopi theory of cooperation without submission. This includes the promise and peril for Tribal Nations that have always attended these engagements.

Keywords:   Federal Indian Law, Legal Language interpretation, Meaningful Tribal Consultation, Treaty Making, Federal Indian Trust Relationship, Jerome Commission

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