Foundations of Sovereignty & Rights

Overview & Learning Objectives

Tribal sovereignty is the inherent authority of Indian nations to govern themselves — an authority that predates the United States and survives within it. This module builds the historical and legal foundation for everything that follows: where sovereignty comes from, how the Supreme Court has defined and limited it, and what the nation-to-nation relationship means in practice for jurisdiction, governance, and economic development.

• Define tribal sovereignty and its historical and constitutional basis
• Summarize the holdings of Worcester, Santa Clara Pueblo, and Montana
• Explain the nation-to-nation legal relationship with the federal government
• Identify how jurisdiction operates on and off tribal lands

Reading Sections

Reading sections for this module are being prepared from the Institute’s book manuscript and will publish here as they are finalized.

Case Studies

Worcester v. Georgia (1832)

The Supreme Court held that Indian nations are distinct political communities with territorial boundaries in which state law has no force. Chief Justice Marshall’s opinion remains the cornerstone of the nation-to-nation framework and is cited in nearly every modern sovereignty dispute.

Santa Clara Pueblo v. Martinez (1978)

The Court confirmed that tribes retain the power to govern their own internal affairs — including membership — and that federal courts generally may not intervene, reinforcing tribal self-governance and sovereign immunity as the default rule.