Tribal-state affairs: American states as 'disclaiming' sovereigns

The history of tribal-state political relations has been contentious from t he beginning of the republic. As a result of these tensions, the relationsh ip of tribal nations and the federal government was federalized when the U. S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forev er disclaim jurisdiction over Indian properly and persons. This article ana lyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian County, examines th e key issues in which disclaimers continue to carry significant weight, and argues that the federal government should reclaim its role as the lone con stitutional authority to deal with indigenous nations.