Chief Justice Marshall, United States Supreme Court “Indian Nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil… The very term “nation” so generally applied to them means ‘a people distinct from others.’” The treaties and laws create what is known as the federal “trust responsibility,” to protect both tribal lands and tribal self-government, and to provide for federal assistance to ensure the success of tribal communities. Tribal nations ceded millions of acres of land that made the United States what it is today and, in return, received the guarantee of ongoing self-government on their own lands. These treaties, executive orders, and laws have created a fundamental contract between tribes and the United States. Hundreds of treaties, along with the Supreme Court, the President, and Congress, have repeatedly affirmed that tribal nations retain their inherent powers of self-government. Sovereignty is a legal word for an ordinary concept-the authority to self-govern. The US Constitution recognizes that tribal nations are sovereign governments, just like Canada or California. Tribal governments are an important and unique member of the family of American governments. Article 1, Section 8, United States Constitution “The Congress shall have the power to…regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”
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