of action. That law must therefore be taken to refer to what law creates the cause of action.... The phrase `arising under,' in this context, cannot mean simply that the plaintiff's claim must alight
Such a claim may arise under federal law in either of two distinct senses. First, the claim of a party may present a federal question by actually alleging a violation of federal law.... In this sense, the bill of complaint may be said to be drawn against the claim of the United States, because a case of such a nature arises under the Constitution and laws of the United States.
The second sense in which a case may arise under the law so created is in reference to a right or immunity created by the Constitution or laws of the United States, not in and of itself, but by virtue of its supposed creation of a cause of action under state law or of a justification for the state action which is claimed to be in conflict with the Constitution or laws of the United States.
3. A fair reading and application of 28 U. S. C. § 2241(c) leads to the conclusion that the District Court may entertain the instant claims if they can be maintained against the Tribe or the quasi-sovereign of the Tribe as a separate sovereign. This result would seem to be supported by the fact that, under 28 CFR § 20.7, Indian tribes are explicitly authorized by the Federal Government to maintain certain actions in federal court.
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