美洲原住民和最高法院

M. Todd Henderson，Michael J. Marks法学教授，美国芝加哥大学

尽管自成立以来，美国原住民都被每个美国政府征服了，但他们一直坚持不懈，在某些情况下却蓬勃发展。是什么解释了较大的美国国家内部独立的半主管国家的存在？In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.