Examine the unique relationship between the sovereign American Indian nations and the United States government.

In the American system of federalism, power is divided between the national and state governments. The Constitution clearly states, however, that the national government and its laws are “supreme.” In other words, states are not completely independent sovereign “nations within a nation.”

States are not the only other important governments in the American federal system. Today, there are over three hundred officially recognized Indian nations or tribes in the United States of America. In Article I, Section 8 of the Constitution, tribes are recognized as formal political entities and the federal government is granted authority to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” But it was originally unclear what this meant in terms of the status of tribes. Were they more like foreign nations or states, or were they somewhere in between?

In 1831, the United States Supreme Court declared that Indian nations or tribes are neither foreign governments nor states. They are unlike states because states are completely subject to the will of the national government. Tribes have claim to territory and maintain independence to govern themselves in their own affairs. They are unlike foreign nations, however, in that tribal territories exist entirely within the physical jurisdiction of the United States of America. Writing for the Court, Chief Justice John Marshall observed that, instead of foreign nations, Indian tribes “may more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile, they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian” (Cherokee Nation v. Georgia, 1831).

In other words, Indian nations do possess “nationhood” status, distinct and different from the status of states. However, numerous treaties, laws, and court cases have created a relationship between the United States government and Indian nations that is also very different from U.S.-foreign government relations. Consequently, Indian nations maintain, among others, the right and authority to:

• Form their own governments
• Make and enforce laws
• Raise and collect taxes
• Establish guidelines for tribal membership
• Prevent outsiders from entering tribal territories

Unlike foreign nations, however, Indian nations lack the power to make war, engage in diplomatic relations with other foreign nations, or to coin their own currency.

Indian nations also have a unique relationship with state governments. Because the Constitution gives the national government authority over Indian affairs, state governments generally have no authority over tribal territories or governments. For example, tribes are free to enact laws that are more or less strict than state laws. In most cases, tribal-state relations are cordial and both parties work together to establish mutually agreeable laws and regulations. Key exceptions to this spirit of cooperation have emerged in recent years in the areas of hazardous waste storage and gambling.