Tribal Immunity Is The Doctrine Of Sovereign Immunity GMAT Reading Comprehension

Reading Passage Question

Tribal immunity is the doctrine of sovereign immunity applied on behalf of Native American tribes. Under the Indian Commerce Clause, Congress has “plenary” authority over the tribes. Courts have held that these tribes cannot be sued without the consent of Congress. The doctrine of tribal immunity, however, is a judicially created doctrine that the federal courts have independently fashioned.

At least one Supreme Court Justice has noted the necessity of a more principled analysis of the doctrine of tribal immunity, expressing "doubts about the continuing vitality in this day of the doctrine of tribal immunity as it was enunciated in the case of the United States v. United States Fidelity and Guaranty Co." and "the view that that doctrine may well merit re-examination in an appropriate case."

The doctrine first emerged in the case of the United States v. United States Fidelity and Guaranty Co., where the Supreme Court held "Indian nations exempt from suit without congressional authorization." The Supreme Court suggested two grounds for the doctrine. First, Native American tribes enjoy immunity as a result of being recognized as sovereigns.

Within the last decade, the court has reaffirmed this position, holding that these tribes retain all sovereign powers except those "expressly terminated by Congress" and "inconsistent with their status." These powers ―are not, in general, delegated powers granted by express acts of Congress‖, but rather "inherent powers of a limited sovereignty which has never been extinguished."

A second basis for tribal immunity stems from the desire to protect tribal resources. While the Supreme Court did not explicitly pronounce the protection of tribal resources as a ground for its decision, it cited cases in support of its ruling that were primarily concerned with such protection. Unlike the immunities enjoyed by states, the federal government and foreign countries, no limitations have been placed on the scope of tribal immunity.

For instance, courts consistently hold that a Native American tribe‘s immunity can be waived only by its express consent or the consent of Congress. In contrast to other governments, implied waivers are generally not recognized even in cases where commercial activity by a tribe on or off its reservation has taken place. Similarly, the purchase of insurance by a tribe does not serve to waive immunity. Tribal immunity is, therefore, broader in this respect than is the immunity possessed by states, the federal government, and foreign countries.

The proprietary acts of Native American tribes have not been distinguished from the governmental functions of tribes, although this distinction has been made in cases concerning other sovereigns. In fact, some courts have specifically upheld that "the fact that a tribe was engaged in an enterprise private or commercial in character, rather than governmental, is not material." Thus courts continue to find a broader immunity for Native American tribes than is still recognized for any other sovereign.

“Tribal immunity is the doctrine of sovereign immunity”- is a GMAT reading comprehension passage with answers. Nominees must have a firm understanding of English GMAT reading comprehension. There are three comprehension questions in this GMAT Reading Comprehension section. GMAT Reading Comprehension questions are conducted to examine candidates' skills to decipher, interpret, and utilize knowledge or ideas. Candidates can actively prepare by answering GMAT Reading Comprehension Practice Questions.

Solutions and Explanation

1. Which of the following legal decisions would most weaken the author‘s claim about the immunity granted to Native American tribes?

1. A decision to permit a Native American tribe to sue a foreign corporation
2. A decision to prevent a Native American tribe from suing the federal government
3. A decision to permit a business corporation to sue a Native American tribe
4. A decision to prevent the federal government from suing a Native American tribe
5. A decision to permit a Native American tribe to sue another Native American tribe

2. Based on information in the passage, which of the following statements is NOT true?

1. It is more difficult to sue a Native American tribe than a business corporation.
2. It is more difficult to sue the federal government than a Native American tribe.
3. It is less difficult to sue a foreign government than a Native American tribe.
4. It is less difficult to sue a state government than a Native American tribe
5. Tribal immunity has virtually no limits

3. Based on information in the passage, each of the following statements is a plausible explanation of why the judicial system has not changed the rules governing tribal immunity EXCEPT:

1. Native American tribes are sovereign entities that cannot be sued without their consent.
2. the resources possessed by Native American tribes should remain under tribal control.
3. Native American tribes have generally been unable to purchase insurance.
4. the sovereign powers of Native American tribes differ from those of other governments.
5. it is essential to protect the tribes‘ natural resources

Suggested GMAT Reading Comprehension Samples

• That placebos can cure everything from dandruff to leprosy GMAT Reading Comprehension
• Research data indicate that there is a great deal of poverty in the United States GMAT Reading Comprehension
• From the Beginning, Johannes Kepler (1571-1630) was Convinced about the Basic Astronomical Verities GMAT reading comprehension
• It is So Uncommon for a Rarified Academic Term to Make the Leap GMAT Reading Comprehension
• Typically managed by small groups such as husband-and-wife teams GMAT Reading Comprehension
• In the United States the Per Capita Costs of Schooling have Risen GMAT Reading Comprehension
• Without Entering Now into the Why, let me Observe that the Printer may Always Ascertain GMAT Reading Comprehension
• Years After the Movement to Obtain Civil rights for Black People in the United States GMAT Reading Comprehension
• Photography in Europe was Largely Guided by the Notions of the Picturesque GMAT Reading Comprehension
• In Recent years, A Growing Belief that the Way Society Decides GMAT Reading Comprehension
• One of the Foundations of Scientific Research is that an Experimental Result is Credible GMAT Reading Comprehension
• “Strange Bedfellows!” Lamented the Title of a Recent Letter to Museum News GMAT Reading Comprehension
• Although it is an Imperfect Model for Describing a Complex Market GMAT Reading Comprehension
• For an Online Retailer, Inventory Represents a Major Source GMAT Reading Comprehension
• Pricing is the most influential medium of communication that companies GMAT Reading Comprehension
• Relieving an impoverished country of its debt would seem to almost unavoidably GMAT Reading Comprehension
• American companies may find the solution to their performance related problems in their own backyard GMAT reading comprehension
• American economists continually attempt to gauge the health of the economy GMAT reading comprehension
• Sarah Meyers McGinty, in her useful new book Power Talk GMAT reading comprehension
• The hypothesis that people ascribe more value to things GMAT reading comprehension