DOUBTS ABOUT US CONSTITUTION ( iv) – Article 4 – States ’ relations (And an oxymoron about tribes and “sovereign” “domestic dependent nations.”)

Article iv), Section i) states:

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

Article iv), Section ii), Clause i) reads:

The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.

The first part of article iv), Section iii), Clause i) reads:

New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State;

According Article iv), Section iv:

The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

In the “Federal Government of the United States” English Wikipedia article, under the heading “State, Tribal and Local Governments,” I find “tribes” might be excluded of these warrants.

“As a result of the Supreme Court case Worcester v. Georgia, American Indian tribesare considered “domestic dependent nations” that operate as sovereigngovernments subject to federal authority but, in some cases, outside of the jurisdiction of state governments. Hundreds of laws, executive orders and court cases have modified the governmental status of tribes vis-à-visindividual states, but the two have continued to be recognized as separate bodies. Tribal governments vary in robustness, from a simple council used to manage all aspects of tribal affairs, to large and complex bureaucracies with several branches of government. Tribes are currently encouraged to form their own governments, with power resting in elected tribal councils, elected tribal chairpersons, or religiously appointed leaders (as is the case with pueblos). Tribal citizenship and voting rights are typically restricted to individuals of native descent, but tribes are free to set whatever citizenship requirements they wish.”

In fact, the charasteric trait of “tribes”  is a peculiar “status,” which makes them, “sovereign” and “domestic,” at the same time, “domestic dependent nations.”

“Tribal sovereignty in the United Statesis the concept of the inherent authority of indigenous tribesto govern themselves within the borders of the United States. The U.S. federal governmentrecognizes tribal nations as “domestic dependent nations” and has established a number of laws attempting to clarify the relationship between the federal, state, and tribal governments.”


Leave a comment