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Sovereignty is the legal right of a government to determine its own
destiny, make laws, collect taxes, and protect the rights and welfare of
its citizens. The inherent sovereignty of Indian tribes has been
recognized by the U.S. government and must be protected.
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Tribal sovereignty is inherent, not granted by other governments.
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Indian
tribes existed before the United States was formed. This means
tribes are inherently sovereign. Their sovereignty is something
they always possessed; it is not something that was granted to them by
the U.S. or any other government.
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Tribal sovereignty has
been recognized in treaties, court decisions,
and the Constitution.
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The
U.S. government has entered into many treaties with Indian tribes,
thereby acknowledging tribes as self-governing sovereign entities.
Several Supreme Court decisions have upheld this relationship
reinforcing tribes' status as sovereign nations. The Constitution
also recognizes tribal sovereignty. Article One gives Congress the
power, "To regulate commerce with foreign nations, and among the several
states and with Indian tribes."
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Tribes have the powers
of sovereigns.
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As
sovereign nations, Indian tribes have certain powers over their members
and their territories. These include the authority to: ~
establish and maintain systems of government;
~ put land into trust;
~ enact laws;
~ and enforce these laws in tribal courts.
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As sovereign nations,
tribes have the right to sovereign immunity. |
Tribes, like the federal
government and states, have sovereign immunity from lawsuits.
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