Final answer:
Tribal sovereignty means American Indian Nations have the power to govern themselves, distinct from but recognized by the United States. Congress can legislate over tribal matters, and the Indian Self-Determination Act of 1975 solidified this relationship. Despite recognition, Native Americans have faced historical challenges in affirming their sovereignty.
Step-by-step explanation:
Tribal sovereignty establishes a unique relationship between American Indian Nations and the United States government by acknowledging the tribes as distinct governments within the United States.
This concept recognizes that Native American tribes have the power to govern themselves through their own laws, taxation, and justice systems, largely free from state interference. Congress, though, retains the authority to legislate over tribal matters, attempting to create a balance between supporting Native Americans and respecting tribal self-governance.
The Indian Self-Determination and Education Assistance Act of 1975 further solidified this relationship by granting tribes control over certain programs, thus acknowledging their autonomy and self-determination.
Despite this, the history of tribal sovereignty also includes periods where the Supreme Court and Congress have limited tribal rights, recognizing reservations as "local dependent communities" instead of sovereign nations and treating Native Americans as "dependent wards."
Additionally, many American Indian tribes have adopted constitutions with a structure similar to the U.S. Constitution, including branched governments that allow for the separation of powers.
The federal government’s acknowledgment of tribal sovereignty, however, came after a long history of treaty violations and struggles for acknowledgment and legal affirmation of treaties that define the rights and land use of Native American tribes.