Sociology Assignment: Tribal Sovereignty in the United States Context

This essay delves into the concept of tribal sovereignty within the United States, examining its definitions, interpretations, and historical context. It highlights the unique legal status of tribal nations, which possess the right to self-governance within the borders of the United States. The essay discusses t...Read More

Running head: SOCIOLOGY
Sociology
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SOCIOLOGY
Tribal Sovereignty is the concept ion United States which is into practice in United
States which provides authority to the indigenous people to be able to govern themselves in
United States. These Nations within the borders of United States has various laws concerning
the relationship shared by them with the federal government, tribal as well as state
governments. These nations have even identified as domestic dependent nations within
United States.
The tribal communities and Native American communities often face great challenges
in the form of dearth of knowledge and awareness concerning their rights, political status and
laws. These tribal nations have grown up to be sovereign through various treaties which have
been passed by the governments at different levels (Cobb). These treaties, laws, rights and
political statuses are not part of the history but are into practice as current laws of the land
(Berutti). These tribal nations are sovereign governments. These nations thrived in various
parts of America, especially in the north even before coming into contact with the European
settlements.
The American Indians are part of the North American Indigenous people who have
been identified and given providence of being sovereign right after the beginning of
encounters with the settlers coming from Europe. This unique relationship which was settled
which allowed the Native Americans to preserve their rights and political status (Berutti). The
rights, relationship shared with the government in United States and political have not been
derived from their ethnicity or race but they are inherent (Mason). They are regarded as
citizens by three sovereigns which include United States, the tribe and the state respectively.
They also can enjoy their rights much like other people in the international context.
The tribal sovereigns have rights to protect and govern their own welfare, safety and
health within their own tribal community and territory. Powers are maintained by the tribal

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governments on how to enforce laws tribal courts and police forces alongside government
structures (Cobb). Inherent rights can be exercised by the governments to be able to
determine citizenship, licensing, taxing, criminal and civil laws and power to eliminate
people from the nations for wrong doings and violation of norms and regulations (Mason).
Several governmental activities are to be carried out by the tribal governments which include
management of natural resources, protection of the environment, judicial system and basic
infrastructures.
The foundation of the Tribal Sovereignty was laid out in 1830 through the Marshal
Trilogy in which the legal framework was decided through three Supreme Court Cases
(Geotting). Justice Marshall defined the powers of these tribal sovereigns as domestic
independent nations, distinct independent communities possessing governmental power in
many affairs of the land (Cobb). The Cherokee Nation vs. Georgia case in 1832, which was
judged by the Supreme Court gave the decision in which it was stated that the Native Indians
have the power to govern themselves and manage internal affairs with its subsidiaries and
federal government while engaging in a relationship (Cobb). The tribal sovereigns, today,
have the power of managing their cultural heritage, tribal businesses and lands alongside
maintaining their economic sustainability.
It can thus be concluded by saying that the tribal sovereignty is very essential for the
members and communities to be able to protect and preserve their lands, rights and heritage
within their territory and concerning their people, which have been ascertained through
treaties.

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References
Berutti, Ronald A. "The Cherokee Cases: The Fight to Save the Supreme Court and the
Cherokee Indians." American Indian Law Review 17.1 (1992): 291-308.
Cobb, Amanda J. "Understanding tribal sovereignty: Definitions, conceptualizations, and
interpretations." American Studies 46.3/4 (2005): 115-132.
Geotting, Nathan. "The Marshall trilogy and the constitutional dehumanization of American
Indians." Guild Prac. 65 (2008): 207.
Mason, W. Dale. "Tribes and states: A new era in intergovernmental affairs." Publius: The
Journal of Federalism 28.1 (1998): 111-130.