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I'm not really sure what Gorsuch was getting at with his question, but my understanding is that Native Americans are not citizens by the 14th amendment, because tribes are sovereign entities, and therefore fall into the "not subject to the jurisdiction" part of that amendment. However, they are granted citizenship by the Indian Citizenship Act of 1924.
How is a sovereign entity different from a sovereign nation? If it is different.
There are tribes that refer to themselves as nations, like the Cherokee Nation for example. I don't really know if there's a specific meaning to "nation" vs using some other word. I used "entity" in order to try to avoid using a more nuanced word incorrectly. The tribes have sovereignty is all I meant.
I see. I just wondered if there was a technical difference, because tribal sovereignty does seem to be more limited than what you would expect of a sovereign nation. We don't treat them like separate countries. They're not usually identified on maps of North America, for instance. And I get that most reservations are relatively small, but the Navajo Nation is about the size of Ireland, so plenty big enough to be identified on a map.
But I don't mean to interrogate you, I'm just curious about this topic. I think I'll do some research because I'd like to know more.
Yeah no nation recognizes them as sovereign. You aren't about to see a Navajo embassy in Germany or Canada. And they're asking for UN representation as a separate thing from a full member state
Except that they most certainly are subject to the jurisdiction of the United States - hell, they pay federal taxes. They aren't subject to the jurisdiction of any particular state is all.
Certainly the relationship between the US government and Native American tribes is... well, obviously "complicated" is a gross understatement. But the Supreme Court found in Elk v. Wilkins that Native Americans born on Indian reservations were not citizens because they are not subject to US jurisdiction. Hence the Indian Citizenship Act. Native Americans pay federal taxes because they are US citizens.