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Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within the borders of the United States. The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties .
In the 1960s, there were many acts passed, geared to helping the Indian tribes. Indian tribes benefited greatly from these because it gave them rights within both the tribal and federal government. In 1968, the Indian Civil Rights Act of 1968 was passed. It recognized the Indian tribes as sovereign nations with the federal government.
House Concurrent Resolution 108 (H. Con. Res. 108), passed August 1, 1953, declared it to be the sense of Congress that it should be policy of the United States government to abolish federal supervision over American Indian tribes as soon as possible and to subject the Indians to the same laws, privileges, and responsibilities as other U.S. citizens. [1]
Native American concerns over equal protection and tribal sovereignty led the federal government to reduce its role as arbiter of race-based eligibility standards. This policy of allowing tribes self-determination on membership, as well as other aspects of their lives, has developed since the Nixon administration in the 1970s. [30]
Washington (1974) was a court case that affirmed the fishing treaty rights of Washington tribes; and other tribes demanded that the U.S. government recognize aboriginal titles. All the above culminated in the Indian Self-Determination and Education Assistance Act of 1975 , which legitimized tribal entities by partially restoring Native American ...
Tribal sovereignty has continued to evolve, with legal victories and federal acknowledgments supporting cultural revitalization. By the 21st century, Native Americans had achieved increased control over tribal lands and resources, although many communities continue to grapple with the legacy of displacement and economic challenges.
The Rights of Indians and Tribes: The Authoritative ACLU Guide to Indian and Tribal Rights. New York: New York University Press. ISBN 0-8147-6718-4. Pommershiem, Frank (1997). Braid of Feathers: American Indian Law and Contemporary Tribal Life. Berkeley, CA: University of California Press. ISBN 0-520-20894-3.
The memorandum also repeated Executive Order 13175's support of policies that protect tribal sovereignty and right to self-determination. [4] President Barack Obama also dedicated his administration to the principles outlined in Executive Order 13175. On November 5, 2009, President Obama published a "Memorandum on Tribal Consultation". [10]