John Fredericks III

This article provides a historical and legal understanding of tribal sovereignty to explain the basis upon which tribes exist as sovereigns within the framework of the United States Constitution and laws. The pendulum-like swing of federal Indian policy from sovereignty to assimilation to termination and then back again has severely impeded the ability of tribes to function as self- sufficient sovereigns. The United States government must now support a consistent policy to enable the Indian tribes to function as sovereign entities.

The author begins by providing a history of the origins and evolution of tribal sovereignty that has resulted in a weakening of social, political and cultural structures of tribes. He then focuses on the legal limitations that courts and Congress have placed on tribal sovereignty, specially examining the Supreme Court's current trend toward limiting the territorial exercise of such sovereignty. Ultimately, the author argues that, in light of the Supreme Court's recent trend curtailing tribal sovereignty, Congress must preserve its present policy promoting tribal self-government in order to assure the continued development and self-sufficiency of American Indian tribes.