Carcieri v. Salazar

Definition

Carcieri v. Salazar is a significant U.S. Supreme Court case from 2009 that addressed the federal government's authority to take land into trust for tribes recognized after 1934. The ruling determined that only tribes that were 'under federal jurisdiction' at the time the Indian Reorganization Act was enacted in 1934 could have land taken into trust. This case has had lasting implications on contemporary issues surrounding tribal sovereignty and economic development.

5 Must Know Facts For Your Next Test

1. The Supreme Court ruled in Carcieri v. Salazar that the federal government could not take land into trust for tribes that were not federally recognized before 1934.
2. The decision created a significant barrier for tribes seeking to develop land for economic purposes, affecting their sovereignty and self-determination.
3. This case sparked debates about the definition of 'under federal jurisdiction' and which tribes are entitled to the benefits of the Indian Reorganization Act.
4. Many tribes that were recognized after 1934, such as the Narragansett Tribe in Rhode Island, faced challenges in acquiring land due to this ruling.
5. Carcieri v. Salazar has led to ongoing legislative efforts to amend the Indian Reorganization Act to include tribes recognized after 1934.

Review Questions

• How did the ruling in Carcieri v. Salazar impact tribes recognized after 1934 in terms of land acquisition?
  • The ruling in Carcieri v. Salazar significantly limited the ability of tribes recognized after 1934 to acquire land into trust status. This meant that these tribes could not benefit from protections against state taxation and regulation, which are typically granted to lands held in trust for federally recognized tribes. As a result, many of these tribes faced increased challenges in economic development and asserting their sovereignty over their lands.
• Discuss the broader implications of Carcieri v. Salazar on tribal sovereignty and self-governance.
  • Carcieri v. Salazar highlighted critical issues surrounding tribal sovereignty by restricting certain tribes' access to trust land based on historical recognition criteria. This case underscored how legal definitions and federal policies can directly influence tribal self-governance, as it limited economic opportunities for tribes affected by the ruling. The decision sparked discussions about the need for legislative reforms to ensure equitable treatment for all recognized tribes, reinforcing the importance of protecting tribal rights and governance.
• Evaluate the potential future consequences of Carcieri v. Salazar on indigenous land rights and federal policies related to Native American tribes.
  • The long-term consequences of Carcieri v. Salazar may include continued legislative efforts to rectify limitations placed on tribes recognized after 1934 regarding trust land acquisition. As indigenous groups advocate for their rights, this case may catalyze broader movements pushing for reforms in federal policies governing tribal affairs. Additionally, ongoing legal battles could arise as affected tribes seek ways to circumvent the restrictions established by this ruling, potentially leading to significant shifts in how land rights are interpreted within the context of Native American sovereignty.

Related terms

Indian Reorganization Act:

A 1934 law aimed at reversing the damage done by the Dawes Act, promoting tribal self-governance and restoring some degree of autonomy to Native American tribes.

Trust Land: Land held in trust by the federal government for the benefit of a tribe or individual Native American, providing certain protections against state taxation and regulation.

Tribal Sovereignty: The inherent authority of indigenous tribes to govern themselves within the borders of the United States, maintaining their own legal systems, governments, and practices.