| Abstract: | The history of tribal-state political relations has been contentiousfrom the beginning of the republic. As a result of these tensions,the relationship of tribal nations and the federal governmentwas federalized when the U.S. Constitution was ratified in 1788.Thus, a number of states, especially in the West, were requiredin their organic acts and constitutions to forever disclaimjurisdiction over Indian property and persons. This articleanalyzes these disclaimer clauses, explains the factors thathave enabled the states to assume some jurisdictional presencein Indian Country, examines the key issues in which disclaimerscontinue to carry significant weight, and argues that the federalgovernment should reclaim its role as the lone constitutionalauthority to deal with indigenous nations. |
