American Indian Tribes: ``Not as Belonging to But as Existing Within'

This article is an extended analysis of the historyand anomalies in the doctrine of American Indiantribal sovereignty. I explain that America gainedindependence, but took Indian land and colonized thetribes just as it had been colonized under theBritish. It asserted sovereignty for itself, butsubordinated the once independent tribes with aparadoxical semi-sovereign status as `dependentdomestic nations', all of this justified by the racialand cultural otherness of Indians. Using a Lacanianperspective, I show that America was founded on a`wound' or inconsistency at the heart of itsideological and constitutional order. In order torectify the inconsistencies that the initial `wound'produces, the law and political order havecontinuously had to adopt fictions (legal and racial). American law and policy has never been able to settlethe ambiguous doctrine of Indian sovereignty. As aresult, the law circles round and round in trying todefine it, and asserting and denying it, all in anunsuccessful attempt to make the constitutional orderwhole. It cannot succeed, however, since the ultimatesolution is an American sovereignty which, like God,admits of no limitation.