Title: An Issue of Sovereignty
Headings: An Issue of Sovereignty
An Issue of Sovereignty
Content: An Issue of Sovereignty





An Issue of Sovereignty
Janurary 2013
Tribal sovereignty refers to the right of American Indians and Alaska Natives to govern themselves. The U.S. Constitution recognizes Indian tribes as distinct governments and they have, with a few exceptions, the same powers as federal and state governments to regulate their internal affairs. Sovereignty for tribes includes the right to establish their own form of government, determine membership requirements, enact legislation and establish law enforcement and court systems. Three historic court cases are often cited with respect to tribal sovereignty: Johnson v. McIntosh (1823) — This case addressed the legality of a tribal land grant made to private individuals and provided that tribes' rights to sovereignty were impaired by colonization but not disregarded, and that only the federal government has the right to negotiate for American Indian land. Cherokee Nation v. Georgia (1831) — The Cherokee Nation filed a lawsuit against the state of Georgia which requested relief from state jurisdiction on their land. The decision described Indian tribes as "domestic dependent nations” and maintained that the federal-tribal relationship "resembles that of a ward to his guardian." Worcester v. Georgia (1832) — This case involved the application of Georgia state law within the Cherokee Nation. The decision was made that tribes do not lose their sovereign powers by becoming subject to the power of the United States. It also maintained that only Congress has overriding power over Indian affairs and that state laws do not apply in Indian Country.