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26 Willamette L. Rev. 841 (1989-1990)
Tribal Courts and the Federal Union

handle is hein.journals/willr26 and id is 853 raw text is: ARTICLES WILLAMETTE LAW REVIEW 26:4 Fall 1990 TRIBAL COURTS AND THE FEDERAL UNION BY ROBERT N. CLINTON* I. INTRODUCTION Since first contact with Euro-American society, Indian tribal communities have struggled for recognition of their political auton- omy and rights with Euro-American communities that neither un- derstood nor respected the social organization and government of tribal groups. During the sixteenth and seventeenth centuries, some Euro-Americans claimed enlarged authority over Indian communities by erroneously suggesting that Indian bands lacked social organization and government and that Euro-Americans needed to carry the white man's burden by imposing the benefits of Christian civilized society on the heathens.' During the eight- * Wiley B. Rutledge Distinguished Professor of Law, University of Iowa College of Law; J.D., 1971, University of Chicago; B.A., 1968, University of Michigan. This paper was originally prepared for delivery at the 1989 Harvard Indian Law Symposium on Octo- ber 28, 1989 and is printed in a collection of the papers from that symposium. The author gratefully acknowledges the assistance of Jim Anaya and Nell Jessup Newton, who re- viewed earlier drafts of this manuscript and of Scott Morrison, Robin Hulshizer and Char- lotte Williams, who provided invaluable research assistance. The views expressed herein, however, are solely those of the author. 1. See generally F. DE VICTORIA, DE INDES ET DE IURE BELLi REFLECTIONES 160- 61 (Nys. trans. 1917) (discussing, but not embracing, sixteenth century claims that the aborigines of the western hemisphere were unfit to found and administer a lawful State up to the standard required by human and civil claims and that in their own interests the

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