Copyright 2004 by Havard University, John F. Kennedy School of Government. All rights reserved.
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March 1, 2004

Myths and Realities of Tribal Sovereignty: The Law and Economics of Indian Self-Rule

Authors: Joseph P. Kalt, Joseph William Singer

Publisher: Havard University, John F. Kennedy School of Government

Funder: HUNAP's Ernst Fund for Native American Studies

The last three decades have witnessed a remarkable resurgence of the American Indian nations in the United States. The foundation of this resurgence has been the exercise of self-government – sovereignty – by the more than 560 federally-recognized tribes in the U.S. In this study, we explore legal and economic dimensions of current perceptions of and debates over the nature and extent of tribal self-rule in the United States. Our objective is to clarify and illuminate by distinguishing between myth and reality. We address key threads of thought and assumption that pervade, accurately or inaccurately, discussions in the public policy arena. What emerges is a picture in which tribes do exercise substantial, albeit limited, sovereignty. This sovereignty is not a set of "special"  rights.    Rather, its roots lie in the fact that Indian nations pre-exist the United States and their sovereignty has been diminished, but not terminated.