 These powers included the ability to both restrict tribal powers or to relax such restrictions . Congress has done both , such as in the withdrawal of federal recognition of the Menominee tribe with the Menominee Termination Act in 1954 , and the Menominee Restoration Act to restore tribal recognition and powers . The earlier decisions in Duro , Wheeler , and Oliphant dealt with cases where Congress had restricted a tribe 's inherent powers but pointed at nothing in the Constitution or established precedent that prohibits Congress from relaxing such restrictions . The decision in Duro was one of federal common law , and it is clear that Congress has the power to change that law . Since the power exercised by the Spirit Lake Sioux Tribe was that of inherent tribal sovereignty , double jeopardy did not attach . 
