Indian Land and the Promise of Native Sovereignty: The Trust Doctrine Revisited

Throughout the tumultuous 200-year history of federal-Indian affairs, the Indian trust doctrine has largely framed the legal relationship between the federal government and Indian nations. That doctrine imposes a fiduciary obligation on the federal government in its dealings with Indian tribes and tempers somewhat the unequal political relationship between the United States and the native nations. But while touted as a cornerstone of Indian law, the doctrine frequently has allowed subordination of Indian interests to the whims of the federal government. This Article examines the trust doctrine as it relates to federal activities affecting Indian land.