How Native Nations’ sovereign status was taken and how it could be restored

Native Nations made approximately 368 treaties with the U.S. government between 1777 and 1868. Native Nations negotiated those treaties as sovereign, independent entities.

The United States would later unilaterally declare Native Nations “domestic dependent nations.”

When and how did that switch happen? Were the U.S. actions legally valid?

An article published this year by the NYU Law Review, Revitalizing Tribal Sovereignty in Treatymaking, says no. It provides a new analysis on how Native Nations could challenge the paternalistic system the United States has imposed on them — and have their sovereign status recognized.

DAPL Suit Raises Critical Issue: Does U.S. Have Unlimited Power Over Native Nations?

The legal challenges to the Dakota Access Pipeline (DAPL) to date make their arguments within the framework of U.S. regulatory law. They refer to laws regarding historic preservation or environmental protection, but they do not challenge the very framework of the federal Indian system: That the United States has full and complete power over Native lands and peoples.

The legal term for this unfettered control of Native Nations is “plenary power,” and the Yankton Sioux are taking “plenary power” head on in their legal efforts to stop the pipeline.