by James M. Johnson

About the author: James M. Johnson is an attorney in private practice in Olympia, Washington. He has represented private landowners and commercial and sportfishing interests in Washington, Minnesota, and California against Indian claims of extended fishing rights. He is also a former senior assistant attorney general for Washington and the former head of the state's Special Litigation Division.

It is often claimed that tribes are like separate or even foreign nations over which state or federal courts may not exercise jurisdiction. It is even claimed this status is conferred by treaties with the United States. Neither is historically accurate.

Recognized Tribes

As an important prefatory note, the number of "tribes" in the United States, as "recognized" by the list prepared by the present Assistant Secretary of Interior for Indian Affairs, Ada Deer, has climbed...