Tribal Sovereignty

Definition

Tribal sovereignty refers to the inherent right of Native American tribes to govern themselves, make their own laws, and determine their own futures within the boundaries of the United States. It is a fundamental principle that recognizes the unique political status of tribal nations as distinct, self-governing entities.

5 Must Know Facts For Your Next Test

1. Tribal sovereignty is rooted in the inherent right of Native American tribes to self-govern, which predates the establishment of the United States.
2. The U.S. government has a legal obligation to recognize and respect tribal sovereignty, as outlined in treaties, federal laws, and Supreme Court decisions.
3. Tribal sovereignty allows Native American tribes to establish their own constitutions, laws, and court systems, as well as determine membership and regulate economic activities within their territories.
4. Challenges to tribal sovereignty, such as the Indian Removal Act and the Dawes Act, have historically undermined the ability of tribes to exercise their self-governing rights.
5. The Indian Reorganization Act of 1934 marked a shift towards recognizing and strengthening tribal sovereignty, though challenges to this authority continue to this day.

Review Questions

• Explain the historical origins and legal basis of tribal sovereignty in the United States.
  • Tribal sovereignty is rooted in the inherent right of Native American tribes to self-govern, which predates the establishment of the United States. This principle is recognized in treaties, federal laws, and Supreme Court decisions, which establish the legal obligation of the U.S. government to respect the sovereignty of tribal nations. Tribal sovereignty allows tribes to establish their own constitutions, laws, and court systems, as well as determine membership and regulate economic activities within their territories.
• Describe how the Indian Removal Act and the Dawes Act challenged and undermined tribal sovereignty.
  • The Indian Removal Act of 1830 and the Dawes Act of 1887 were two significant challenges to tribal sovereignty. The Indian Removal Act authorized the U.S. government to negotiate treaties that exchanged Native American tribal homelands for lands west of the Mississippi River, leading to the forced relocation of many tribes and the disruption of their self-governing abilities. The Dawes Act divided tribal lands into individual allotments, undermining tribal sovereignty and resulting in the loss of over 90 million acres of Native American land. These policies eroded the ability of tribes to exercise their inherent right to self-govern and make decisions about their own lands and resources.
• Analyze the impact of the Indian Reorganization Act on the recognition and strengthening of tribal sovereignty, and explain why challenges to this authority continue to this day.
  • The Indian Reorganization Act of 1934 marked a significant shift towards recognizing and strengthening tribal sovereignty. The act reversed the Dawes Act's allotment policies, recognized tribal self-government, and restored some tribal lands, helping to reinforce the inherent right of Native American tribes to govern themselves. However, challenges to tribal sovereignty continue to this day, as the U.S. government and various interest groups often seek to limit the ability of tribes to exercise their self-governing rights. This ongoing tension highlights the fragility of tribal sovereignty and the need for continued vigilance and advocacy to protect the unique political status of Native American tribes within the United States.

Related terms

Indian Removal Act: A law passed in 1830 that authorized the U.S. government to negotiate treaties that exchanged Native American tribal homelands for lands west of the Mississippi River, leading to the forced relocation of many tribes.

Dawes Act: A law passed in 1887 that divided tribal lands into individual allotments, undermining tribal sovereignty and leading to the loss of over 90 million acres of Native American land.

Indian Reorganization Act: A law passed in 1934 that reversed the Dawes Act's allotment policies, recognized tribal self-government, and restored some tribal lands, helping to strengthen tribal sovereignty.