Title: Tribal Sovereignty: History and the Law - Native American Caucus of the California Democratic Party
Headings: 
Constitutional Law and Legal Precedent
Sovereignty as a Retained Right
Tribes and the Federal Government
The Cornerstones of Tribal Self-Government

Content: In fact, the U.S. Constitution specifically recognizes Indian tribes as distinct governments, along with foreign nations and the several states. Since the early 1800’s, the U.S. Supreme Court has upheld the principle that tribes did not lose their sovereign powers by becoming subject to the power of the federal government. Sovereignty as a Retained Right
Long before there was a United States of America, tribes governed themselves, provided for their people, and negotiated treaties with other nations such as England, France, and Spain. When tribes signed treaties with the U.S., they were guaranteed the right to continue governing themselves. This means that their sovereign rights are retained, not granted. Tribes and the Federal Government
Federal policy toward Indians and tribal governments was inconsistent throughout much of the 19th century. As the 1900’s approached, federal officials adopted a goal of assimilation and initiated efforts to end the reservation and tribal government system. Then, in a major policy change enacted between 1880 and 1930, reservations were surveyed and lands deeded to Indian and non-Indian individuals. Tribal land holdings were vastly diminished and tribal governments were greatly weakened or eliminated. This became known as the “termination” era.