Native America, United States Senate bill S.578 and the United States Supreme Court

Dewi I. Ball, Swansea Metropolitan University

Abstract

In 2003, the United States Senate introduced bill S.578 and the House of Representatives introduced H.R. 2242, both of which were called the Tribal Government Amendments to the Homeland Security Act. In light of the attacks of September 11, 2001, the bills were designed to shore up the security of the United States, and specifically, allow greater authority and jurisdiction for Native American Nations to combat terrorism and the threat of terrorism on reservations. This article examines the impact of Section 13 of S.578, which was a re-affirmation of the principle of inherent tribal sovereignty and the congressional definition of ‘Indian country,’ and how it introduced a conflict of principles between the Legislature and the Judiciary, namely the United States Supreme Court. Only two years later, the U.S. Senate introduced a new bill, S.477, without the controversial Section 13 and prevented a crisis between two branches of the United States Government.