Government cutbacks in the 1980s and 1990s resulted in the halting of anti-violence, anti-drug, and anti-gang programs on Native American reservations. The result was that violence, drugs, and gangs increased considerably on Native American reservations.

Tribal governments can impose taxes, pass laws and create a court system. Because of this their tribal government is similar to that of the United States federal government with three branches of government that allow for a separation of powers between the executive, legislative and judicial branches.

Tribal governments are on equal footing with state government and have a government-to-government relationship with federal government. The sovereignty of each entity necessitates a government-to-government relationship at the state and tribal levels as well.

Something is Threatening Native Americans and It’s Called Tribal Disenrollment. That’s what happens when a member of a tribe is disenrolled, or kicked out, of their tribe by their tribal government even if no criminal accusation was ever made.

Tribal courts are courts of general jurisdiction which continue to have broad criminal jurisdiction. The U.S. Congress gave these states criminal jurisdiction over all offenses involving Native Americans on tribal lands.

Even as the members of the tribes are U.S. citizens, their tribal heritage, culture and identity are considered distinct and are federally recognized. This sovereignty recognizes a tribe’s claim to independent identity and citizenship.

Tribal sovereignty includes the right to govern one’s community, the ability to preserve one’s culture, and the right to control one’s own economy.

Tribal sovereignty is recognized and protected by the U.S. Constitution, legal precedent, and treaties, as well as applicable principles of human rights. This is obviously true in the political sense: Without self-rule, tribes do not exist as distinct political entities within the U.S. federal system.

Tribal governments are an important and unique member of the family of American governments. The US Constitution recognizes that tribal nations are sovereign governments, just like Canada or California. Sovereignty is a legal word for an ordinary concept—the authority to self-govern.

An essential aspect of tribal sovereignty is tribal sovereign immunity: immunity from lawsuits in federal, state, and tribal courts. Absent such authorization or consent, courts do not have subject matter jurisdiction over suits against a Tribe.

Self-described “sovereign citizens” see themselves as answerable only to their particular interpretations of the common law and as not subject to any government statutes or proceedings. In the United States, they do not recognize U.S. currency and maintain that they are “free of any legal constraints”.

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