Understanding Native Sovereignty: A Right, Not a Race Issue
In recent years, discussions around Native sovereignty have become muddled with misconceptions, mainly as it is mistakenly linked to Diversity, Equity, and Inclusion (DEI) initiatives or framed as a racial issue. However, Native sovereignty is not about race—it is about the inherent and legal rights of Indigenous nations to govern themselves. The confusion surrounding this topic threatens to undermine the hard-fought legal and political status of tribal governments. Let’s set the record straight.
What Is Tribal Sovereignty?
Tribal sovereignty refers to the recognized right of Native American tribes to self-govern. This includes the ability to create and enforce laws, govern their lands and resources, regulate commerce, and determine their own membership. Sovereignty is rooted in the history of Native nations long before the formation of the United States and is legally upheld through treaties, Supreme Court rulings, and acts of Congress.
Tribes are not minority interest groups seeking representation through DEI programs; they are sovereign nations with governmental powers. Native sovereignty is not about inclusion but about self-determination and political recognition.
Tribal Nations Are Governments, Not Special Interest Groups
One of the biggest misunderstandings is the notion that tribal sovereignty is a form of racial preference. Tribal sovereignty is based on a political and legal framework. Native nations have government-to-government relationships with the United States, just like Canada, Mexico, or any other sovereign entity.
When the U.S. entered into treaties with Native nations, it recognized their autonomy. Many of these treaties secured rights to land, resources, and self-governance in exchange for surrendering vast territories. These agreements remain legally binding, forming the foundation of modern tribal sovereignty.
Legal Foundations of Tribal Sovereignty
The legal status of tribal sovereignty is upheld by centuries of precedent, including:
The U.S. Constitution (Article I, Section 8) recognizes tribes as distinct political entities.
Supreme Court Cases, such as Worcester v. Georgia (1832), affirm tribal self-governance and independence from state interference.
The Indian Reorganization Act (1934) and Self-Determination Act (1975) strengthened tribal governance structures.
Treaties between tribes and the U.S. government—which are still in effect—confirm tribal autonomy.
Why the Confusion?
The increasing push for DEI programs in corporate and educational settings has led some to conflate these initiatives with Native sovereignty. This confusion often arises because many people misunderstand how Native identity is defined—not as a racial designation, but as a political and legal status based on citizenship in a federally recognized tribe.
When tribes receive funding, land rights, or federal benefits, it is not a form of racial favoritism but a fulfillment of treaty obligations. The U.S. government made legal promises in exchange for land, and honoring those commitments is a matter of law, not equity.
Why Tribal Sovereignty Matters
Native nations are still fighting for their right to govern their people, protect their lands, and sustain their cultures. Tribal sovereignty is not about seeking inclusion in broader American society—it is about preserving self-determination and honoring the legal agreements that the U.S. government made with Indigenous nations.
Understanding Native sovereignty means recognizing that tribal nations are political entities, not racial groups. It means respecting treaties, laws, and history. It means ensuring that when we discuss sovereignty, we acknowledge it for what it truly is: a fundamental right, not a privilege.
