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State-Tribal Relations: A Balance of Authority

By Shelly McDonald Vol . 20, No. 27/ July 2012

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  • There are 566 federally recognized tribes in 34 states.
  • .

Throughout their shared history, states and tribes have worked to create and maintain a balance of authority. Cultural differences and competing interests, complicated by evolving interpretations of federal law, have made this a challenging endeavor at times.
 
The U.S. Constitution established federally recognized tribes as sovereign, dependent nations. This unique status allows tribes to retain the power to make and be governed by their own laws including membership, law enforcement, tax collection and the regulation of domestic relations of its members. Only Congress has the ability to limit that power. Federal and state governments are required by a variety of laws and acts of Congress to engage in direct government-to-government relationships with each tribal nation.

   

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