Government
Tribal Sovereignty Defined
Tribal sovereignty is the inherent right of tribal governments to govern themselves and their tribal lands or reservations. Sovereign Indian tribes have existed long before the United States of America was formed. Tribal sovereignty has since been recognized by the United States government through treaties, federal legislation, and Supreme Court rulings and precedent. Tribal sovereign authority generally extends to lands within the boundaries of a tribe’s reservation and lands held in trust by the United States for the tribe or its members. These lands are generally known as “Indian Lands.”
Tribal governments have a relationship with the federal government similar to foreign nations because tribes are considered “domestic dependent nations” as they exist within the lands of the United States and are subject to legal limits under federal law. Cherokee Nation v. Georgia, 30 U.S. 1 (1831). State laws do not apply to tribal nations unless Congress authorizes them.
As independent nations, tribal governments have the authority to make and be ruled by their own laws on their Indian Lands. This includes broad authority to enact laws and govern matters including tribal membership, criminal codes, child welfare, environmental codes, and other laws protecting tribal interests.
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