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Tribal Governance
Excerpt from:
National Congress of American Indians
http://www.ncai.org/Tribal_Governance.27.0.html
The Congress shall have power to . . . regulate
commerce with foreign nations, and among the several states, and with
the Indian tribes . . .
(Article I, Section 8, United States Constitution)
The U.S. Constitution recognizes that Indian tribes are
independent governmental entities. Like state governments and foreign
governments, Indian tribes have the inherent power to govern their people
and their lands.
A fundamental contract was created in the treaties. Indian tribes ceded
millions of acres that make the United States what it is today; in return,
tribes received the guarantee that the federal government would protect
the tribes' right to govern their own people and their reservations
as homelands for tribal cultures, religions, languages, and ways of
life.
Since the time of the Constitution, the U.S. Supreme Court
has repeatedly affirmed the fundamental principle that Indian tribes
retain their government powers unless specifically limited by treaty
or by federal law.
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