Do tribes possess a nation-to-nation political relationship with the federal government, or are they merely another “minority,” defined as ethnic groups?

You will find these 3 questions on page 9 of Wilkin’s and Lomawaima’s introduction to Uneven Ground, and they address arguments and ideas that are analyzed in chapters 1, 2, and 3. Using (1) arguments, (2) ideas, (3) specific and illustrative examples, (4) other scholars’ perspectives, and (5) legal cases, answer each one, devoting approximately 2-to-3 pages of analysis to each question. Incorporate into your essay materials handed out in class, posted on Angel (such as McSloy, Prygoski, Stevenson, et al.), and materials from Uneven Ground and The Cherokee Cases. While these questions are written in an “either/or format,” keep in mind that nuanced and evaluative responses are more compelling, sophisticated, and elegant—in other words, the latter is likely to earn higher marks. Additionally, you are to answer a 4th question, not found in Uneven Ground. Your completed Midterm Essay submission will consist of a single .docx file containing 4 unique 2-3 page essays, each with their own title–numbered as they are below. Your submission should be in the neighborhood of 8 total pages.

1. Do tribes possess a nation-to-nation political relationship with the federal government, or are they merely another “minority,” defined as ethnic groups?

2. Are tribes “domestic, dependent nations,” or are they “distinct, independent, political communities,” as Chief Justice John Marshall defined them in 1831 and 1832, respectively?

3. Does Congress have only those powers over tribes that tribes have granted, or is congressional authority over tribes complete and unhindered, what some scholars term “plenary?”

4. While the canon of liberal construction for tribes is supported in cases such as Worcester v. Georgia, 1832, The Kansas Indians (1866) and United States v. Winans, 1905, it has been ignored or shunted aside in other cases. Explain this.

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