What is Sovereignty?

A tribe is a sovereign nation with control over its own laws and resources that has a special legal and political relationship with the United States government.

Most tribes are federally recognized. That means the United States federal government and its state governments recognize and relate to them as sovereign nations. Currently, in 2019, there are 573 federally recognized tribes in the U.S. Tribes might also be state recognized, meaning that they are recognized as a sovereign nation only by an individual state. A non-federally recognized tribe might play an important role in its members’ lives and in the community but receives no treatment as a sovereign nation by the U.S. government. It might be incorporated as a non-profit organization rather than as a government entity.

Yakima river

Historically, federal recognition has been conferred upon tribes through treaties, federal court decisions, and other actions by the federal government. However, in 1978 the federal acknowledgement process was created to allow tribes to petition for recognition. Despite this process being created, few tribes have been able to meet the seven criteria, which can be incredibly time consuming and costly to reach.

The foundation of successful collaboration is the recognition and acknowledgement that tribes are sovereign nations. Tribal sovereignty is a legal concept, meaning that specific actions and considerations are required by law when U.S. government agencies interact with tribes.

Tribal nations are recognized as sovereign governments in the U.S. Constitution, along with only three other entities: the federal government, state governments, and foreign governments. But tribal sovereignty is not based on the Constitution; it is an inherent right. It was in place before colonization and has been upheld by a multitude of treaties and court rulings, including the Indian Self-Determination and Education Assistance Act of 1975.

“The Indian nations had always been considered as distinct, independent, political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial.” 17

The final ruling in the Marshall Trilogy, Worcester v. Georgia

What is sovereignty? A sovereign entity can:

  • Establish a government
  • Determine membership
  • Make laws
  • Administer justice
  • Decide who can enter the territory
  • License businesses
  • Have sovereign immunity
  • Be recognized by other sovereigns 18

Tribes exercise sovereignty by providing public services including health care, public health, social services, first-responders, education, public utilities, law enforcement, and courts.

Although tribal sovereignty is inherent in theory, in practice it is constantly threatened. Tribal leaders must continually fight to protect it, so recognizing and respecting tribal sovereignty is essential to successful collaboration on public health efforts.

Additional Resources