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Plenary power | The broad and absolute power that Congress holds over Indian affairs, derived from the U.S. Constitution, Supreme Court decisions, and historical practice. This power allows Congress to legislate over tribes, sometimes overriding tribal sovereignty. |
Indian Country | A legal term defined under 18 U.S.C. ยง 1151, referring to lands under tribal jurisdiction, including reservations, dependent Indian communities, and allotments still held in trust by the federal government. |
Canons of Construction | Special rules of legal interpretation applied to Indian law. They state that treaties, statutes, and agreements involving tribes should be interpreted liberally in favor of Native Americans, with ambiguities resolved to their benefit. |
The Doctrine of Discovery | A legal principle used by European colonial powers, and later the U.S., to justify claims over Indigenous lands. It holds that the first European nation to "discover" new land gains sovereignty over it, limiting Indigenous land rights. |
Reservations | Lands set aside by treaties, executive orders, or congressional acts for the use and occupation of tribes. |
Reserved rights | Legal doctrine stating that tribes retain any rights not explicitly relinquished in treaties, such as hunting, fishing, and water rights. |
Indian title/aboriginal title | The inherent land rights of Indigenous peoples based on their long-standing occupancy before colonization. Though recognized by courts, this title is subject to U.S. government authority and can only be extinguished by the federal government. |
Sovereignty | The inherent authority of tribes to govern themselves, make laws, regulate affairs, and maintain political and cultural autonomy. |
Terra nullius | A colonial legal doctrine meaning "land belonging to no one," used to justify European claims over Indigenous lands by arguing that the land was "empty" or "unowned" despite Indigenous presence. |
Termination Indian Policy | A mid-20th-century U.S. policy that sought to end federal recognition of tribes, dissolve tribal governments, and integrate Native Americans into mainstream society. This led to loss of lands, resources, and government support for many tribes. |