Civics & Government · 9th Grade · State and Local Government · Quarter 4

Tribal Governments and Sovereignty

Explore the unique status of American Indian and Alaska Native tribal governments as sovereign nations within the United States. Learn about their governmental structures, powers, and their relationship with federal and state governments.

TL;DR:Challenge your students to expand their understanding of American government by exploring the 'third sovereign' in the U.S. system: tribal nations. This topic uncovers the dynamic political and legal status of American Indian and Alaska Native governments.

• Common Core State Standards
• C3 Framework: D2.Civ.1.9-12: Distinguish the powers and responsibilities of local, state, tribal, national, and international civic and political institutions.

About This Topic

This topic delves into the complex and unique role of American Indian and Alaska Native tribal governments within the U.S. political framework. For 9th-grade civics, it provides a critical extension of the concept of federalism, introducing a third sovereign entity alongside federal and state governments. The foundation of tribal sovereignty predates the United States itself and is rooted in the inherent right of tribes to govern themselves. This status has been affirmed and defined through treaties, U.S. Supreme Court decisions (such as the Marshall Trilogy, which established tribes as 'domestic dependent nations'), and federal legislation like the Indian Reorganization Act of 1934 and the Indian Self-Determination and Education Assistance Act of 1975.

Understanding tribal governments is essential for a complete picture of American civics. These governments are not subdivisions of states but are distinct political bodies with their own constitutions, laws, and governmental structures, which can include executive, legislative, and judicial branches. They provide essential services to their citizens, including education, law enforcement, healthcare, and infrastructure management. The relationship between tribes and the federal government is a government-to-government one, based on the U.S. Constitution and a complex history of legal precedents. This unit challenges students to move beyond historical caricatures and engage with the contemporary political reality of sovereign tribal nations operating within the borders of the United States.

Key Questions

1. Explain the concept of tribal sovereignty and its historical origins.
2. Analyze the structure of a tribal government and its responsibilities to its members.
3. Compare the relationship between a tribal government and the federal government to the relationship between a state government and the federal government.

Learning Objectives

• Define tribal sovereignty and explain its basis in treaties, the U.S. Constitution, and Supreme Court decisions.
• Describe the common structures and functions of contemporary tribal governments, including legislative, executive, and judicial branches.
• Compare the powers of tribal governments with those of federal and state governments, identifying areas of exclusive and shared jurisdiction.
• Analyze a contemporary issue involving the exercise of tribal sovereignty, such as gaming, resource management, or criminal justice.

Key Vocabulary

Sovereignty	The inherent right and authority of a governing body to govern itself and its people without outside interference.
Treaty	A formal, legally binding agreement between two or more sovereign nations. In this context, between the U.S. government and an Indian tribe.
Trust Responsibility	A legal obligation of the U.S. federal government to protect the lands, resources, and rights of federally recognized Native American tribes.
Self-Determination	The policy allowing tribes to assume administrative responsibility for federally funded programs and to have greater control over their own governance and welfare.
Domestic Dependent Nation	A legal term from the Supreme Court case Cherokee Nation v. Georgia (1831) describing the unique status of tribes as sovereign but under the protection of the federal government.

Watch Out for These Misconceptions

Common Misconception

American Indian tribes are just cultural or historical groups, not actual governments.

What to Teach Instead

Federally recognized tribes are contemporary, functioning governments with sovereign powers to make laws, manage their lands, and provide services to their citizens, just like states and the federal government.

Common Misconception

Tribal sovereignty means tribes are completely separate countries and their members are not U.S. citizens.

What to Teach Instead

Tribal sovereignty is complex. Tribes are considered 'domestic dependent nations,' meaning they have the right to self-govern but still exist within the U.S. framework. American Indians are citizens of their tribe, the United States, and the state where they reside.

Common Misconception

All tribal governments and reservations are the same.

What to Teach Instead

There are over 570 federally recognized tribes in the U.S., each with a unique culture, history, and form of government. Their governmental structures can vary widely, from traditional councils to governments modeled after the U.S. Constitution.

Active Learning Ideas

Case Study Analysis

Tribal Government Case Study

Students research a specific federally recognized tribe and create a presentation or infographic detailing its governmental structure, key leaders, services provided, and a current issue it faces. This allows students to see the diversity among tribal nations.

90 min·Pairs

Case Study Analysis

Venn Diagram of Sovereignty

Students use a three-circle Venn diagram to compare and contrast the powers and responsibilities of tribal, state, and federal governments. This helps visualize the overlapping and distinct jurisdictions.

45 min·Small Groups

Case Study Analysis

Modern Treaty Debates

Students analyze a modern conflict related to historic treaty rights, such as fishing or hunting rights or resource management. They then hold a structured debate representing different stakeholders like the tribe, the state government, and local non-tribal citizens.

60 min·Whole Class

Real-World Connections

• Analyzing news reports on Supreme Court cases that affect tribal jurisdiction, such as McGirt v. Oklahoma.
• Discussing the economic impact of tribal enterprises, like casinos and resorts, on both tribal members and surrounding non-tribal communities.
• Examining environmental conflicts where tribes exercise their sovereignty to protect natural resources, such as the Dakota Access Pipeline protests.
• Learning about the role of tribal governments in managing public health crises, like the COVID-19 pandemic, on their lands.
• Recognizing land acknowledgements at public events as a formal recognition of the historical and current presence of tribal nations.

Assessment Ideas

Exit Ticket

An exit ticket asking students to write a one-sentence definition of 'tribal sovereignty' and provide one example of a power a tribal government holds.

Peer Assessment

A comparative essay where students analyze the relationship between a tribe and the federal government versus a state and the federal government, using specific examples of powers and limitations.

Quick Check

Students complete a K-W-L (Know, Want to Know, Learned) chart at the beginning and end of the unit to reflect on their own learning about tribal governments.

Frequently Asked Questions

Why do tribes have their own governments instead of just being part of the state they are in?

Tribal governments predate the United States and their sovereignty was recognized through treaties. The U.S. Constitution and Supreme Court have consistently affirmed their status as distinct political entities with a direct government-to-government relationship with the federal government, not the states.

What is the 'trust responsibility' of the federal government?

It is a legal and moral obligation of the United States to protect tribal lands, assets, resources, and rights, and to carry out the mandates of federal law with respect to American Indian and Alaska Native tribes. This responsibility stems from the history of treaties and federal-tribal relations.

Can non-tribal members be arrested by tribal police on a reservation?

This is a complex jurisdictional issue. Generally, tribal police have authority over tribal members. Their authority over non-members on tribal lands has been limited by Supreme Court decisions, but recent laws like the Violence Against Women Act have restored some tribal jurisdiction over non-Natives in specific criminal cases.