ABSTRACT
This chapter explores division of power that is less familiar to many Americans but no less constitutionally interesting-the division of power between the federal government and Native American tribal governments. When the American colonies declared their independence, the United States inherited the problem of how to relate to Indian tribes. The federal Constitution, by contrast, granted the power to deal with Indian tribes to the federal government exclusively. Other constitutional grants and prohibitions, although not focusing directly on relations with Indian tribes, confirm that such relations are exclusively the domain of the federal government. One attribute of nationhood is the power to enter into agreements with other sovereign nations through government-to-government negotiations. Congress consequently renewed efforts to address the matter of Indian gaming. The right of self-government includes the authority to administer criminal and civil justice within the boundaries of the political society.
