Lecture on American Indian Tribes and Tribal Sovereignty

Introduction

• American Indian individuals are members of both ethnic minority groups and tribes.
• Indian Tribes are political groups with their own governments.

Tribal Governments

• Tribal governments are one of the four types of federally recognized governments in the United States:
  • City governments
  • County governments
  • State governments
  • Tribal governments
• Legitimate governments rule based on sovereignty.
• Sovereignty: The internationally recognized power of a nation to govern itself.
  • Indian tribes existed as sovereign governments before European settlement.

Historical Context

• Treaties between European powers and the US formalized nation-to-nation relationships with Indian tribes.
• The US Constitution (Article 1, Section 8) recognizes Indian tribes as distinct governments.
• Three Supreme Court decisions in the 1800s are crucial for understanding the sovereign status of Indian nations.

Federal Recognition

• Powers and rights discussed apply only to federally recognized tribes.
  • Not all Indian groups have an independent relationship with the federal government.
  • Specific criteria determine if a tribe falls into the nation-to-nation relationship.

Indian Gaming

• Each tribe operates its gaming enterprises independently.
  • Some manage their properties themselves, others contract external management.
  • Tribes always make the final decisions.
• Indian gaming is subject to stringent regulation and security controls (more than any other type in the US).
  • Indian Gaming Regulatory Act (IGRA): Lays out regulation procedures and levels.
    • Tribal level: Independent tribal gaming commission for each tribe.
    • State level: Tribal-State Compacts.
    • Federal level: National Indian Gaming Commission and federal agencies (Department of Justice, Treasury Department, Department of the Interior).

Accountability

• Indian people hold each other accountable historically.
• Tribes must be accountable to their membership, who demand accountability and integrity.

Summary

• US government recognizes American Indian tribes as domestic sovereign nations with self-government.
• Tribes maintain a nation-to-nation relationship with the US federal government.
• State governments generally have no power within reservations.