Federal.

One thing that is interesting about the American a constitution is that everyone thinks U.S. is a dual sovereign constitution (states and federal) but it is actually tri-sovereign.

The Constitution states only the Federal government has the ability to enter into treaties with the Indians.

Thus, acknowledging the inherent sovereignty of native tribes and establishing them as something outside of the United States control

Supreme Court Chief Justice Marshall quickly used the court system to establish a different relationship with the tribes. One that placed the tribes in a much lesser position. “Domestic dependent nations”

Reply to this note

Please Login to reply.

Discussion

Much the same here, only our federal government is able to negotiate with the First Nations, which has made them stakeholders in some great projects. It also slows development which I feel is warranted.

It's interesting to see how the case law effects these treaties.