Tribal Sovereignty

What is Sovereignty?

A fundamental aspect of American Indian tribes is the recognition of their sovereignty. Article 1, Section 8, Clause 3 of the U.S. Constitution reads: "The Congress shall have Power to regulate commerce with foreign nations, amongst the several states and with the Indian tribes." This clause forms the basis for Congressional lawmaking authority over the tribes, excluding state governmental authority over Tribes, thus establishing the unique tribal-federal government relationship. The three founding cases that established the foundation of Federal Indian Law are Johnson v. Mcintosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832).

The U.S. Supreme Court has acknowledged that Tribal governments are the oldest sovereigns on the continent. Tribal sovereignty predates the sovereignty of the United States. The federal government recognizes and affirms the political status of Tribal Nations as a sovereign government and its executive agencies exclusively deal with Tribal leadership. This unique government-to-government relationship that exists between tribal governments and the U.S. federal government has existed since the formation of the United States. Just as the federal government deals with state governments it's also deals with Tribal Nations as exclusive sovereign governments.

Enrolled Tribal members are citizens of recognized sovereign Nations, and therefore have a political relationship with the United States, through their Tribal Nations. Federal law has reaffirmed Indians are not considered a racial or ethnic minority but retain a unique status as a sovereign people. As a result of this unique political status, Tribal members are citizens of three sovereigns: their Tribal Nation, the United States, and the state in which they reside.

Tribal sovereignty includes the right to govern itself, establish its own form of government, determine its citizenship, enact legislation, establish law enforcement and a court system, preserve its unique culture and the right to control one's own economy.

Over the years several acts of congress have modified the nation-to-nation relationship between Tribal Nations and the federal government. Self-determination is a federal governmental policy codified in federal law developed by President Nixon in consultation with Tribal leadership. Both the U.S. Senate and House have established specific Indian legislation committees that work on Tribal issues: in the Senate, the Indian Affairs Committee resides, and, in the House, the Subcommittee on Native American and Insular Affairs of the House Resources Committee was established.

What are Treaties?

An agreement formalizing a nation-to-nation relationship between Tribal Nations and the United States federal government. Negotiated treaties between Tribes and the United States had to be approved by Congress, In 1871, legislation was passed ending the practice of treaty-making with Tribes. As a result of Treaty making came a trust responsibility. The federal government has special obligations to protect Tribal lands and resources, defend Tribal rights to self-government and provide services necessary for Tribal survival.

Each of the four federally recognized Tribes in Kansas today have signed numerous treaties with the United States government.

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