ABSTRACT
Since the 1970s, Congress has followed a policy of Indian self-determination. Yet, the Supreme Court early in the century declared Congress has the plenary power to make laws that can unilaterally abrogate Indian treaties and abolish tribal courts. In Alaska, the Alaska Native Claims Settlement Act (ANCSA) created contusion about Native self-government and tribal powers. A tribal constitution did not destroy the sovereign status of tribal nations. Rather, it reaffirmed their sovereign status. In addition to all the powers vested in Indian tribes under existing laws, tribal constitutions also vested tribes with additional powers, including the rights to define membership, establish a court system, and pass laws. The 1991 amendments remained neutral on the issues of tribal sovereignty and Indian country. They were more concerned with the possibility of losing stock and land in 1991.
