Sovereignty is the power of Indian tribes to make their own laws and be governed by those laws. It is the right of the tribes to have control over their reservations and people who come onto those reservations. It is the right to enforce and have protected those promises made to Indian tribes by the United States in treaties and executive orders when the United States was appropriating Indian lands. It is the right of tribes to protect their members and the lands and resources that were reserved by tribes.

Sovereignty was not granted to Indian Tribes – Indian tribes existed as sovereign governments long before European settlers arrived in North America. Indeed, the sovereignty or "nationhood" of tribes is affirmed by the very fact that the United States engaged in treaty making with tribes. Congress, too, embraces the concept of tribal sovereignty through its policy of Indian self-government and engages in ‘government-to-government’ relations with tribes.

The concept of sovereignty is at the heart of Indian gaming. State governments in many parts of the country have challenged tribal sovereignty in attempting to shut down gaming operations. Some states don’t like the fact that Indian tribes can operate as they wish within the borders of the reservation.

  • Gaming on the Reservation is allowed by Congress as a fundamental right of tribal sovereignty
  • Just as the state of Washington created a lottery system to raise needed government revenue, the sovereign nation of the Colville Confederated Tribes has invested in the gaming industry to build economic opportunity for members.
  • The casinos contribute the most significant portion of all the tribes’ business revenues.
  • 30% of gaming employees are non-Indian.
  • Colville Tribal Casinos inject over $7.5 million in payroll dollars into the local economy.
  • Gaming supports 700 commercial vendors from around the state.
  • 80% of casino profits fund tribal scholarship programs, counseling and health services, law enforcement needs, community development projects, cultural programs, Tribal Gaming regulatory services, TERO, etc.

The United States government has the power to affect tribal sovereignty. Congress can abrogate a treaty right or a right reserved in an Executive Order that has been ratified by Congress. To do this, Congress must act clearly without ambiguity. It cannot act by accident or implication. And, should Congress elect to act and that action affects court recognized, vested tribal rights, compensation under the Fifth Amendment to the Constitution must be paid.

Unlike the United States, the individual states have no power to affect tribal sovereignty and tribal rights. States will not have power over tribes or tribal members on reservations unless Congress acts to grant states that power.
 

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