Ernst,

As Mike has already told you, the situation varies widely among the different
Amerindian sovereignties. The larger ones tend to denominate themselves as
nations, while the smaller ones tend to call themselves tribes or even bands.
The name depends on what they called themselves at the time of their treaty with
or recognition by the United States federal government. The groups have their
own constitutions establishing their own governments.

The terms and extents of their recognized sovereignties vary. This is often in
pursuance of treaties individually negotiated as much as two centuries ago.
Groups recognized more recently tend to fall under general legislation
empowering the Secretary of the Interior to grant recognition with relatively
standardized sovereign rights to groups as they meet established requirements.
The numbers of groups are constantly proliferating. A few groups have been
recognized through specific legislation granting unique statuses to fit unique
situations. This applies particularly to some US/Canadian, US/Mexican, and
Alaskan tribes.

Many of the older negotiated treaties exempt the groups from taxation and
regulation by the states, restricting their dealings to the federal government
only. Some groups have taken full advantage of such rights, even to the extend
of issuing their own fully valid motor vehicle license plates. The more newly
organized groups tend to be exempt from state taxation in their dealings with
their own people on their own lands. For instance, a tribal member and
reservation resident is typically subject to state taxes on his income from
non-tribal sources, but his income from tribal sources on tribal land is exempt.
Many tribes are able to sell tobacco products and gasoline to the general public
without collecting the heavy state taxes on these products. Attempts by some
other tribes to unilaterally assert these rights when not authorized by treaty
have led to conflicts with state authorities. Specific federal legislation on
gambling allows tribes to operate only the kinds of gambling that their
particular states allow, but exempt from state regulation and taxation. Larger
tribes and nations often have their own police forces and courts. Sometimes,
these have jurisdiction only over tribal members, but a few have jurisdiction
over anyone on tribal lands. This varies by treaty rights.

Tribal membership is governed by the tribes themselves. Most require a certain
degree of genealogical heritage as measured in eights or sixteenths. This is
documented by the "Certified Degree of Indian Blood (CDIB)," also known as the
"white card," issued by the US Bureau of Indian Affairs. Some other tribes only
require proof of descent for membership.

You can learn more about specific Amerindian sovereignties by visiting their
official web sites. These often have copies of their constitutions, treaties,
etc. and often detail their governmental structure. Many explain the
requirements and have application forms for membership (often called
"registration' or "enrollment"). I would suggest:

Oklahoma Cherokee: http://www.cherokee.org
North Carolina Cherokee: http://www.cherokee-nc.com/
Oklahoma Choctaw: http://www.choctawnation.com/
Mississippi Choctaw: http://www.choctaw.org/
Muscogee (Creek): http://www.muscogeenation-nsn.gov/
Chickasaw: http://www.chickasaw.net/
Oklahoma Seminole: http://seminolenation.com/
Florida Seminole: http://www.seminoletribe.com/
Navajo: http://www.navajo.org/

You can find many others listed at http://tinyurl.com/2lxmu . Please understand
that only some sites listed here are official tribal governmental sites. Many
are commercial and cultural sites, while some are sites of unrecognized
"wanna-be" groups.

Lowell G. McManus
Leesville, Louisiana, USA

----- Original Message -----
From: "Ernst Stavro Blofeld" <blofeld_es@...>
To: <BoundaryPoint@...>
Sent: Wednesday, June 09, 2004 6:21 AM
Subject: [BoundaryPoint] Nations within countries

> Peers,
>
> This may be slightly off topic, and if you find it to
> be just please ignore.
>
> I am curious of the status of certain native-american
> communities. Could someone in our group clarify and/or
> comment on the matter?
>
> For example, what is the legal status of some
> communities? Is it correct to use the term "nation"?
> Are there examples of stand-alone legislation in some
> cases? How much self-government is implemented? Do all
> native-american societies enjoy the same rights and
> responsibilities, or is this a matter of negotiation
> between the federal (or state?) government and the
> society in question? And how is membership in and/or
> affiliation with a certain nation/community/society
> determined? Is this a question of the bloodline,
> territorial heritage or something else?
>
> Thank you,
> M
>
>
>
>
>
>
>
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