Sovereign Nation or Minority Group?
I think both are right in a sense. A tribal government is a sovereign,
and it needs to be repeatedly stressed with the federal and state
governments that recognized tribes are entitled under the law to a
"government to government" relationship. This is a specific standing
that entitles the tribe to consultation at a higher level than a
minority or "interest group." The feds often will consult with a group
such as the "California Rural Indian Council" (just made that up) and
say that it has fulfilled its duty to consult with the Indians. A
government to government relationship means that the feds consult
individually with each affected tribal government, and if they don't get
a response the first time they should make the extra effort to make
phone calls or make an appointment with the tribal chairman. This is a
part of the federal trust responsibility.
It is also true that native people are a "minority", but this is more in
their individual capacities than as members of a tribal government. So
for instance, discrimination against an Indian person is treated
similarly to discrimination against any other person who is a member of
a minority group. This holds true whether or not that Indian person is
a member of a recognized tribe.
So there's my ponitification for the day. Any thoughts?