Sovereignty Myths and Intergovernmental Realities: The Etiquette of Tribal Federalism

Authors

Alfred R. Light, St. Thomas University College of Law

First Page

373

Document Type

Article

Abstract

Here I wish to make two points. First, as a political scientist speaking to lawyers, I contend that sovereignty and dual sovereignty themselves are largely myths. The reality is a much more complicated and pragmatic intergovernmental relations. Second, as a teacher of constitutional law, speaking to other lawyers, I perceive developments regarding tribal sovereignty to have a haunting familiarity. The United States Supreme Court elaborates a doctrine of "inherent tribal sovereignty" using language strikingly similar to that used in the past to describe "dual sovereignty." American Indian scholars may benefit from a contrast of "dual sovereignty" and "inherent tribal sovereignty."

Recommended Citation

Alfred R. Light, Sovereignty Myths and Intergovernmental Realities: The Etiquette of Tribal Federalism, 14 St. Thomas L. Rev. 373 (2001).
Available at: https://scholarship.stu.edu/stlr/vol14/iss2/10