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Tribal territory and tribal sovereignty: A study of the Cheyenne River and Lake Traverse Indian reservations
Abstract
Tribes in the United States no longer hold the distinction of being sovereign states in the world system of states. Instead, the federal government has deemed them "domestic dependent" sovereigns. This study questions the meaning of "domestic dependent" sovereignty. A new conceptualization of sovereignty is offered which helps explain the erosion of tribal sovereignty. Three types of sovereignty, territorial, membership, and issue are distinguished. Studies of the Cheyenne River and Sisseton-Wahpeton Sioux Tribes in South Dakota, are used to demonstrate how tribal sovereignty has eroded over time. This analysis is set in the context of world systems theory. The erosion of all three types of tribal sovereignty began with the erosion of tribal land bases. The establishment of reservations, the allotment of those reservations, the opening of those reservations, and for the Sisseton-Wahpeton Sioux Tribe, the diminishment of their reservation directly affected tribal territorial sovereignty. The United States Supreme Court has continually recognized tribal membership sovereignty; however, federal law has worked to erode tribal membership sovereignty slowly. As territorial and membership sovereignty have eroded, maintenance of tribal sovereignty over specific issues has become more important. Several recent decisions by the United States Supreme Court have set a precedent for the further erosion of tribal issue sovereignty. Despite the erosion of all three types of tribal sovereignty, tribes remain sovereign entities. Tribal governments have the authority to govern as they do because they are sovereign. Sovereignty is a legal status that sets tribes apart from other entities, and it needs to be recognized. The Cheyenne River and Sisseton-Wahpeton Sioux Tribes demonstrate that the ability of a tribal government to govern is not dependent upon having complete sovereignty. Whether tribes can act upon their eroded sovereignty depends on their ability. Future challenges to tribal territorial, membership, and issue sovereignty will stem from continued demands on tribal lands and resources, as well as an increasing reluctance by non-Indians on reservations to live within the jurisdiction of tribal governments. In order for the tribes to meet these challenges, it is essential that they first regain lost tribal lands and then reestablish the Indian Character of those lands to maintain and reclaim tribal territorial, membership, and issue sovereignty.
Subject Area
Geography|Law|International law|International relations|Public administration|Cultural anthropology
Recommended Citation
Fouberg, Erin Kimberly Hogan, "Tribal territory and tribal sovereignty: A study of the Cheyenne River and Lake Traverse Indian reservations" (1997). ETD collection for University of Nebraska-Lincoln. AAI9730268.
https://digitalcommons.unl.edu/dissertations/AAI9730268