How Does Native Sovereignty Express Itself Legally As Well? Term Paper

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American Indian Studies

Native American Sovereignty

Sovereignty, in the truest definition of the word, is that which has complete independence and self-government. In a nutshell, it is a territory existing as an independent state, free to govern its self with dignity and justice. For the nation of Native American tribes in the United States, it is a dangling carrot held up by a government notorious for its broken promises, and centuries of lying and civil abuse.

Things weren't always like this for the Native American nation. "During the British colonial period, Indian tribes were considered foreign nations by the British crown and were dealt with by treaty. This relationship worked so well that the majority of the tribes allied with the British during the Revolutionary War" (Bulzomi, 2001). After the colonists won the war, and in turn gained their independence, they continued to respect the tribes as sovereign nations, but over time, this respect grew into a greed driven by necessity. Lands that were considered sacred to the sovereign tribes were also eyed by the colonists as valuable for resources, and their own populous growth.

It is this greed that continues to create a rift between the U.S. Administration and Native American leaders. "For instance, when an oil billionaire and major funder of the Bush campaign was granted rights to drill in an area sacred to scores of Northern Plains tribes only 12 days after Bush's election, it galvanized opposition from Indians and non-Indians alike" (Taliman, 2002).

There is an unique spirituality associated with these sacred lands and places that are not only present to many Native Americans, but also non-Native Americans. Perhaps the most noteworthy evidence of the U.S. Administration caring very little about Native American beliefs is the fact that "No other religious leaders or practitioners are pressured to define the sacred in their religions or to identify what is central or indispensable to their beliefs and ceremonies. Native American religions were outlawed under the federal Civilization Regulations from the 1880s to the 1930s, and traditional Native peoples were not allowed to go to or pray at their sacred places" (Taliman).

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This constant uphill battle to gain independence has led to many Native Americans feeling abandoned by the government, as they try to improve their Reservations and preserve their history and ancestors' way of life. They have come to the conclusion that their own sovereignty will only be achieved through their own means, and while the U.S. Administration may hold the door shut to their independence, it is through current laws and Constitutional rights that they will find the way to gain what is rightfully theirs.

One step towards legal sovereignty was the creation of a secure financial institution that catered directly towards Native Americans and their communities. In 2001, Native American Bancorporation paved the way for the availability of financial services and banking for Native American communities that specialized in the financial needs of Native Americans across the United States. "The concept for Native American National Bank was born out of the recognition that Indian communities throughout the nation lack access to the financial capital necessary for the development of their communities which are characterized by exceptionally high levels of unemployment and poverty" (Indian Life, 2001).

Native American communities not only struggle with high levels of unemployment and poverty, but are also affected by alcoholism, depression, obesity, and other health and mental health related issues that far exceed any other minority in the United States. This is startling to imagine that a whole community of people is affected by such difficulties, solely because they are unable to gain their own independence. Some may argue that there are other factors that contribute to these facts, but it is a vicious circle, enabled by a system of government that is more interested in their own economic gains and livelihood.

It has only been recently that Native American communities have been able to supplement their federal aid and dependence through gaming and gaming laws….....

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