ESPM 50AC Lecture Notes - Lecture 5: Tribal Sovereignty In The United States, Fiduciary, Land Consumption

• School: Berkeley
• Department: Environmental Science, Policy, And Management
• Course: ESPM 50AC
• Professor: k.Spreyer

Document Summary

Theory legal doctrine legal obligation guardianship theory trust doctrine fiduciary duty. Tribal land, allotted land, public lands, private taxable lands. Not 100% of the land -- actually very few. Military surrender, territorial containment, and economic dependency wardship vs. sovereignty. Extreme poverty, limited resources --> dependency of state. Fiduciary duty - corruption failed the fiduciary duty. Wards of state -- goal to move pass this, assimilation. 1920s -- churches, protestants activist had strong say in the policy. Policy here: to be independent from the federal government. Issue: indian murder case raised the issue of tribal vs. federal jurisdiction. Not states vs tribe, but federal government vs the tribe. Decision: feds have jurisdiction on reservations in certain cases. Implications: trust doctrine was interpreted under the assumption that wardship is the essence of relationship of feds and tribes, and tribal sovereignty is very limited. Decision reflected fact of dependency on the ground and social construction.