The Constitution names three kinds of governments in one clause: Congress may regulate commerce "with foreign Nations, and among the several States, and with the Indian Tribes" (Article I, Section 8). Tribal nations are neither foreign countries nor parts of states. They are sovereign governments that existed before the United States.
| Tribal nations today | |
|---|---|
| How many | 575 federally recognized tribes (as of 2026), plus others recognized only by states |
| Governments | their own constitutions, councils, chairs or chiefs, police and courts |
| Relationship | government-to-government with the United States, set by the Constitution, treaties, federal laws and court decisions |
| Members | tribal citizens are also U.S. citizens (all Native Americans born in the U.S. since the Indian Citizenship Act of 1924) and citizens of their states |
Why it works
Chief Justice John Marshall described tribes in 1831 as "domestic dependent nations." In Worcester v. Georgia (1832), the Court held that Georgia's laws had no force within Cherokee lands, which were governed by treaty and federal law; Georgia did not comply, and the Cherokee were later forced west on the Trail of Tears. Federal policy swung for a century and a half: removal, allotment of tribal lands, boarding schools meant to erase Native cultures, the Indian Reorganization Act (1934), attempts to "terminate" tribes in the 1950s, and since the 1970s a policy of self-determination, with tribes running their own programs. Today tribes govern their members and lands, and state law generally has limited reach on reservations, but Congress holds broad power over Indian affairs. In McGirt v. Oklahoma (2020) the Court held 5 to 4 that the Muscogee (Creek) reservation was never ended by Congress, so the state could not prosecute certain crimes there.
Key idea
There are 575 federally recognized tribes (as of 2026). They are sovereign nations with their own governments and courts, in a government-to-government relationship with the United States set by the Constitution, treaties and federal law. They are not part of state governments.
Worked example: Whose law?
A dispute between two tribal members over a contract made on their reservation. Which court is most likely to hear it?
- Tribes run their own courts for matters among members on tribal lands.
- State law generally has limited reach there.
Answer: A tribal court.
Worked example: Which clause?
Which clause of the Constitution names the Indian tribes?
- Article I, Section 8, Clause 3: commerce "with foreign Nations, and among the several States, and with the Indian Tribes."
Answer: The Commerce Clause (the Indian Commerce Clause).
Common mistake
Thinking tribal nations are part of state governments, or that tribal citizens are not U.S. citizens. Tribes are sovereign governments that deal directly with the United States; their members are citizens of their tribe, the United States and their state. Check: who made the treaty, the state or the United States?