American Indian Sovereignty Versus the United States

Abstract

Questions always arise about the inherent sovereignty of American Indian nations. What civil and criminal political and jurisdictional authority do they exercise over their citizens and their territories? What powers do they possess in relation to the United States? What types of political power did tribal governments in North America exercise in the past?

This forthcoming book chapter takes a look at these issues. It sets forth historical evidence on the powers Indigenous governments exercised in the past and how their organizations were structured. It then looks at "Federal Indian Law" and the limitations the United States has placed on complete tribal sovereignty. But it concentrates on how Indian nations are functioning today, how they are created and structured, and what they are doing to positively exercise sovereignty within their territorial borders, within the United States, and in the international law arena.

Keywords: Indigenous sovereignty, American Indian sovereignty, Indian nation sovereignty