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Topic: Tribal sovereignty

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	Reflections on a Fundamental Aspect of American Indian Sovereignty
		It is a doctrine that has long and widely been hailed in the United States as essential to the sovereignty of a nation or state, transcending definitional categories and extending to the legal definitions of sovereignty developed with respect to many kinds of sovereign entities.
		An analysis of the emergence and development of the doctrine of tribal immunity reveals that tribal immunity from suit is something that is consistently recognized as arising inherently from tribes' long-recognized and firmly rooted sovereignty.
		Finally, the Article concludes in Part VII with a challenge to tribal governments to take advantage of the current state of the law regarding tribal immunity and continue to enhance their legitimacy and powers of self-governing by developing and strengthening appropriate remedies for tribal members and others to obtain redress for disputes with tribal governments.
	academic.udayton.edu /race/02rights/soverign01.htm (1994 words)

	The Official website of The Coeur d'Alene Tribe (Site not responding. Last check: 2007-10-13)
		Tribal governments, because they are constitutionally sovereign, are not subject to the requirements of separation of powers or even the establishment of religion, although these principles are almost universal in tribal constitutions.
		Tribal Sovereignty also includes the power to determine membership, police power, power to administer justice, power to exclude persons from the reservation (although not unlimited or to the point of denying legal access), power to charter businesses and regulate their activity, power to levy taxes, and sovereign immunity.
		Tribal members often say they have a commitment to the preservation and control because of their commitment to future generations, because of their connection with the land, and because of their connections to their ancestors buried in it.
	www.cdatribe.org /sovereignty.shtml (629 words)

	Viejas Band of Kumeyaay Indians
		Sovereignty is both the law and the theory that lies at the heart of America’s trust responsibility to Indian tribes.
		Indian sovereignty continues to be a source of confusion and friction between tribal and state governments and the federal government.
		Sovereignty is the hope, based on promises that Europeans made to Indians that we would continue to have sovereign self-rule on our reservation lands and thus, survive as a people.
	viejas.com /vbki/html/ts_tribegovt.htm (3739 words)

	TRIBAL CIVIL JURISDICTION
		Tribes' sovereignty predated the Constitution, and this is acknowledged in the Commerce Clause's grouping of the "Indian Tribes" with "foreign Nations" and "the several States." Thus treaties and statutes were looked to by the courts as limitations upon original tribal powers or, in some cases, recognition of particular powers.
		Tribal authority over the activities of non-Indians on reservation lands is an important part of tribal sovereignty.
		Reliance on congressional authorization for tribal exercises of authority may reverse or slow the erosion of the inherent tribal sovereignty doctrine in the federal courts.
	www.msaj.com /papers/TribalCivJur.html (10026 words)

	Indian Country Wisconsin - Sovereignty (Site not responding. Last check: 2007-10-13)
		Sovereignty is the right of a nation or group of people to be self-governing.
		States, for instance, are allowed to regulate and build their own roads and prisons, and cities and towns are allowed by the federal government and the state to run their own schools, pass their own zoning ordinances, and provide services such as waste disposal and fire protection.
		Cohen argued that Indian sovereignty was firmly rooted in both the Constitution and in Marshall's 1832 decision, and that any decisions which did not recognize Indian sovereignty were at variance with established law.
	www.mpm.edu /wirp/ICW-07.html (1597 words)

	SOVEREIGNTY - in the Context of U.S. "Indian law"
		In the earliest treaties, statutes, and cases, indigenous nations were regarded as having a "subordinate" sovereignty related to their "right of occupancy." Denied full sovereignty as independent nations, they were nevertheless regarded as having authority over their own relations amongst themselves --an "internal" or "tribal" sovereignty.
		Tribal councils established under the Indian Reorganization Act are regarded as vehicles of "tribal sovereignty"; they act as governments and not just as corporations, though they are often limited by federal funding and authority.
		In assessing the results of "tribal sovereignty" at the close of the 20th century, Vine Deloria, Jr., and Clifford Lytle wrote, "Local institutions that served Indians were in a much stronger position even though they now resembled the local units of government that served other Americans and possessed little that was distinctly Indian.
	www.umass.edu /legal/derrico/sovereignty.html (1380 words)

	Native American Caucus - Tribal Sovereignty
		Tribal governments are the oldest governments in existence in the Western Hemisphere.
		Tribal governments today are in a transition that began with independence, progressed through a long, difficult period of survival, and are now moving again toward self-determination and control.
		Tribal land holdings were vastly diminished and tribal governments were greatly weakened or eliminated.
	www.nativeamericancaucus.com /tribal.shtml (1032 words)

	TRIBAL COURT DECISIONS REGARDING
		However, a review of tribal law and tribal court decisions reveals the contrary: Tribes are strictly conscious of monitoring their tribal sovereign immunity, and tribal courts, with some exceptions, carefully guard that sovereign immunity against implicit waiver.
		Even though the tribal ordinance establishing the agency contained a "sue and be sued" clause, the court held that the grievance procedure did not constitute a contract between the plaintiff and the agency that waived the agency's immunity from suit.
		As these tribal courts recognize, if tribal members wish to relinquish tribal sovereignty to provide their tribal court with the power to remedy violations of civil rights, they can do so through the tribal legislative process.
	www.msaj.com /papers/Tribaldec1997.html (2909 words)

	sovereign.htm (Site not responding. Last check: 2007-10-13)
		Considering that entire books have been written on the subject of tribal sovereignty, it is hard to do justice to the subject in a single article.
		as a consequence of the tribe's relationship with the federal government, tribal powers of self-government are limited by federal statutes, by the terms of the treaties with the federal government, and by restraints implicit in the protectorate relationship itself.
		The court asserted that internal tribal matters are "those matters that were historically or culturally significant or unique to the Nation." Since the court did not have enough information on the record to apply this new test, it refused to grant the Nation's motion to dismiss.
	www.ptla.org /wabanaki/sovereign.htm (4892 words)

	HLS : Tribal Sovereignty and Courts
		Although the United States is not the source of Indian nations' sovereignty, and Indian nations never participated in the formation of the United States constitution, Congress is authorized under United States law to limit or augment tribal powers.
		Tribal court systems vary widely in their size and structure, hearing a range of cases arising under tribal codes and tribal customary and common law, from tort and contract disputes to enforcement actions against environmental polluters.
		The jurisdiction of tribal courts is a complex area of Indian law, and depends on issues such as whether the event took place on reservation land, and whether the parties involved are Indian.
	www.law.harvard.edu /conferences/navajo_supreme_court/sovereignty.php (326 words)

	Rethinking tribal sovereignty
		In discussing sovereignty, he stressed the importance of understanding sovereignty as a tool for dealing with the challenges of the future.
		When Deloria visited Standing Rock Indian Reservation in South Dakota, he noticed that many tribal programs are derived from the basic idea of sovereignty, but that most people have a difficult time understanding how to take the idea of sovereignty and apply it to the expansion of tribal activities.
		He felt that tribal councils ought to deal with external sovereignty and a council of elders ought to deal with internal sovereignty and community life.
	www.airpi.org /projects/tribsov.html (1157 words)

	2000: Tribal Sovereignty Defined
		Tribal governments have the same powers as the federal and state governments to regulate their internal affairs, with some few exceptions.
		For instance, the Tribes have the power to form a government, to decide their own membership, the right to regulate property, the right to maintain law and order, the right to regulate commerce, and so on.
		Without Tribal sovereignty, and the financial means to exercise powers of self-government, Tribes would not survive as Indian Nations.
	www.sagchip.org /council/events/2000/082800-sovereignty-defined.htm (195 words)

	Indian Nations Tribal Sovereignty
		Tribal leaders were convinced, coerced, or tricked into signing a total of 371 treaties up through the 1870’s; ceding almost all their land to the government, save for some relatively small reservations.
		Tribal members are not principally members of an already recognized tribe.
		Tribal restoration policy began with the Indian Reorganization Act (IRA)(Wheeler-Howard Act of 1934), which provided for a limited self-determinism for the tribes and a reduction in the authority and supervision of the B.I.A. The commissioner of Indian Affairs during this time (John Collier) believed in a reformulation of Native American community living.
	www.americanindiansource.com /sovereignty.html (3030 words)

	Singer: The Supreme Court's attack on tribal sovereignty : ICT [2003/06/17] (Site not responding. Last check: 2007-10-13)
		When state powers are increased at the expense of tribal powers, there is not a mere shift in the relation between these two sovereigns as there is in the case of state-federal relations.
		The Supreme Court's recent actions curtailing tribal sovereignty are thus not merely an extension of recent doctrinal developments that have increased state sovereignty at the expense of federal powers.
		This article is excerpted from a presentation at a symposium on tribal sovereignty last October at the New England School of Law, scheduled for publication in the New England Law Review.
	www.indiancountry.com /content.cfm?id=1055857097 (1150 words)

	American Indian Sovereignty
		In civil and criminal law both, the range and scope of "tribal sovereignty" is fragmented into overlapping and contradictory rules premised on one foundation: the "plenary power" of the United States.
		The concept of sovereignty was a response to civil war in the Christian world at the close of the Middle Ages.
		Sovereignty -- the notion of "absolute, unlimited power held permanently in a single person or source, inalienable, indivisible, and original" -- is today a theory under siege.
	www.nativeweb.org /pages/legal/sovereignty.html (5886 words)

	[No title]
		The over-arching principle of Indian tribal sovereignty is that Indian tribes pre-existed the federal Union and draw their powers from their original status as sovereigns before European arrival.
		Indian tribal sovereignty is a retained sovereignty, and includes all the powers of a sovereign that have not been divested by Congress or by tribes' incorporation into the federal Union.
		While the Executive power to determine tribal status is presumably subject to at least the same limits that the Constitution would impose on Congress, we are not aware of any court decision overturning a determination by the Secretary of the Interior that a group should be recognized as a tribe.
	www.usdoj.gov /otj/testimony_feb_07_2002.htm (1145 words)

	News > States back tribal sovereignty in Supreme Court case (Site not responding. Last check: 2007-10-13)
		Tribal leaders in New Mexico, Arizona, Washington and even Montana enjoy close relationships with their governors, attorneys general and other top state officials.
		So is Oregon, where tribal leaders and attorneys convinced the state to take its name off a brief that endorsed the boltcutter tactic.
		"It is not in the interest of tribal or state law enforcement to have such a gap develop and result in lawlessness," the states add.
	www.indianz.com /News/archives/002746.asp (910 words)

	CILS Participates in Efforts to Protect Tribal Sovereignty
		In the latter case, the Court rejected tribal court jurisdiction over a tribal member’s civil rights lawsuit against state officials for an incident that occurred in the tribal member’s home on tribal trust land.
		CILS’ long-standing commitment to promoting tribal governmental authority has acquired new urgency in the wake of these Supreme Court decisions, and we are collaborating with other Indian advocates and organizations around the nation to develop effective strategies for protecting tribal sovereignty.
		After CILS expressed these concerns to the tribal attorneys involved in Santos, the attorneys sought the advice of the SCPWG, thus initiating the Group’s first meeting and discussion, in which CILS and dozens of Indian law advocates and scholars shared their expertise and comments.
	www.calindian.org /nl_fall2002.12.htm (1290 words)

	Environmental Racism, Tribal Sovereignty and Nuclear Waste - NIRS
		Tribal members on other targeted reservations turned to Thorpe, and to such Native-led groups as Indigenous Environmental Network (IEN) and Honor the Earth, to learn how to organize their community to resist the federal nuclear waste dump.
		Tribal members’ health is undoubtedly adversely impacted by this alphabet soup of toxins.
		Tribal member Sammy Blackbear, who lives with his four children on the reservation, has filed a lawsuit against the U.S. Bureau of Indian Affairs, alleging that it violated its trust responsibility to the tribe by quickly approving an illegitimate lease agreement between Chairman Bear and PFS.
	www.nirs.org /factsheets/pfsejfactsheet.htm (2691 words)

	Tribal Sovereignty (Site not responding. Last check: 2007-10-13)
		Tribal governments—the oldest on the continent--possess inherent powers of self-government and may exercise them to the extent they have not been formally taken away (“extinguished”) by Congress.
		Because the new structure of tribal self-government is unlike the traditional, some tribal individuals have learned how to use the new systems to their own advantage.
		It has long been considered a tribal fundamental right to determine its own membership, and to deny membership when the tribe determines it is justified.
	www.skc.edu /netbook/06-tribal_sovereignty.htm (1407 words)

	Sovereignty
		Sovereignty itself is, of course, not subject to law, for it is the author and source of law; but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.
		Before Indian tribes, especially those with a tradition of individualism, can establish their sovereignty, they must establish the nature of the relationship between individual Indians and tribal government.
		To develop collective sovereignty, Indians will have to return to the basics of individual sovereignty and build from the ground up.
	www.citizensalliance.org /links/pages/frames/sovereignty.htm (478 words)

	MPR: Tribal sovereignty poses challenges for local law enforcement (Site not responding. Last check: 2007-10-13)
		For reservations such as Red Lake, sovereignty means they don't have to adhere to state laws or allow state or local police within its borders.
		The relationship between tribal, state, and federal governments is complex and often mysterious.
		Because Red Lake is a "closed reservation," only tribal police or the FBI can investigate those crimes on the reservation.
	minnesota.publicradio.org /display/web/2006/03/07/reservationdrugs (853 words)

	Indian Sovereignty
		There is no reference to absolute Indian sovereignty in the U.S. Constitution; the tribes are federally recognized as domestic dependent nations.
		Indian tribal reservations are federal lands held in trust by U.S. Government.
		The Supreme Court holds that Indians are U.S. citizens (who vote, receive social services, etc.), and members of an Indian tribe.
	www.upstate-citizens.org /sovereignty.htm (625 words)

	civilrights.org -- Tribal Sovereignty
		The sovereignty was further recognized while at the same time infringed upon by the Indian Gaming Regulatory Act passed by Congress in 1988.
		The majority of tribal members are not members of an existing federally recognized tribe.
		The final determination on tribal recognition is made by the Assistant Secretary for Indian Affairs.
	www.civilrights.org /issues/indigenous/details.cfm?id=36585 (769 words)

	Democracy Now! \| Bush on Native American Issues: "Tribal Sovereignty Means That. It's Sovereign"
		When President Bush was questioned about tribal sovereignty in the 21st century at a gathering of minority journalists he responded: "Tribal sovereignty means that.
		Kerry pledged to promote tribal sovereignty and partner with tribes to improve access to health care, provide more educational opportunities, and strengthen economic development efforts.
		Kerry pledged to promote tribal sovereignty, partner with tribes to improve access to health care.
	www.democracynow.org /article.pl?sid=04/08/10/149259 (1871 words)

	Tribal Sovereignty (Site not responding. Last check: 2007-10-13)
		One of the aspects of sovereignty is to be able to exert power to enforce
		Tribal sovereignty has not been understood, therefore a prevalent concern
		sovereignty, relating to a nation's right to define its own borders.
	www.colorado.edu /Sewall/ramirez/tribsov.htm (1068 words)

	Indian Gaming, Tribal Sovereignty
		While tribal sovereignty is an inherent right that is limited but not given by
		Tribal sovereignty is also an emergent behavioral property of an ongoing
		Tribal sovereignty, then, is expressed by a tribe in constant interaction
	www.colorado.edu /Sewall/ramirez/indigaming.htm (4209 words)

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