In the United States it is a fundamental principle that state power emanates from the consent of the people. As a result, Native American nations have been seen as possessing some degree of sovereign authority even prior to Congressional action. Indian Law in the United States is a product of Congressional action, treaties, and case law. The United States Constitution gives the Federal government, rather than the states responsibility for Indian affairs.

        In researching the most important Constitutional provisions and legislation governing Indian affairs in the United States, I found Westlaw and the internet to be the best reasearch tools. The website page of this pathfinder highlights the most resourceful sites.In addition, a simple search of the United States Code database on Westlaw will quickly refer you to the most relevant Chapter and section of the Code.

        There are six Constitutional provisions which grant Congress power to legislate Indian affairs:
               (1)  The Commerce Clause: "The power to regulate commerce with Indian nations"
                        U.S. Constitution, Art. II., § 8
                (2) "The power to ratify treaties with other governments."
                   U.S. Constitution, Art. II., § 2
                (3) "The power to make war."
                        U.S. Constitution, Art. I, § 8
                (4) "The power to provide for the general welfare"
                        U.S. Constitution, Art. I., § 8
                (5)"The power to admit new states into the union"
                     U.S. Constitution, Art. IV., § 3
                (6)"The power over Federal territories.
                        U.S. Constitution, Art. IV, § 3

        The United States has granted Indian nations status as "domestic dependent nations", which allows these nations inherent jurisdiction over internal affairs, subject to an overriding federal power and duty of protection. The Constitution has been interpreted as granting Congress plenary power over Indian Affairs. This gives Congress the ability to limit the sovereignty of these nations. I will list the most relevant and important legislation governing Indian self-determination and sovereignty.

    Title 25 of the United States Code governs Indian affairs. The following will highlight the most relevant and important portions of this chapter as well as some of the earliest legislation passed by the Federal government in this area.

• Northwest Ordinance of 1789, 1 Stat. 50:
• This was the earliest statement of a federal trust responsibility for Indians . It provided that good faith always be observed to the Indians and their lands and that their property would never be taken away absent their consent to do so.

• Indian Trade and Intercourse Act of 1834, 4 Stat. 729:
• This act gave Congress the power to regulate commerce with Indian tribes. It included a specific provision designed to prevent anyone from acquiring Indian lands by unfair practices. All land transfers were to be made pursuant to the Constitution and by agreement between the United States government and Indian nations.

• Allotment Act of 1887, 25 U.S.C. § 331:
• This Federal law and agreement divided lands among tribal members and was very detrimental to the status of the Native Americans as sovereign nations. The act was passed as a means of assimilating Indians into American society through the division of their lands. Throughout the law’s existence, from 1887-1934, Indians lost almost two-thirds of their land.

• Indian Reorganization Act of 1934, 25 U.S.C. § 476:
• This Act is recognized as the most "fundamental and far-reaching piece of legislation passed by Congress in this century." The result of this legislation was a major shift in Indian policy in the United States that repealed the allotment policies used throughout the previous 50 years. The Act specifically recognized Indian sovereignty and had 4 major implications:

1. It recognized tribal governments and their inherent powers,
2. Made federal funds available for tribes to purchase additional lands,
3. Set up a loan fund for tribal governments, and
4. Established programs to assist Indian tribes in economic development.

• Public Law 280 of 1953, 67 Stat. 588:
• This law was extremely detrimental to the status of the sovereign powers of the Indian nations. It gave certain states criminal and civil jurisdiction over Indians living in Indian country which severely limited the self-determination powers of these nations. It was amended in 1968 to require the consent of Indian nations before jurisdiction could be authorized.

• Indian Civil Rights Act of 1968, 25 U.S.C. § 1302:
• This put restrictions on the actions of Indian governments similar to the restrictions put on the states by the Bill of Rights. According to the act, no Indian government can:

1. Pass laws prohibiting free exercise of religion, restricting freedom of speech or of the press, peaceable assembly, and petition for redress of grievances.
2. Violate the right of individuals to be secure in their persons, houses, and papers against unreasonable search and seizure, nor issue warrants without probable cause.
3. Subject any person to trial for the same offense twice.
4. Compel any person in a criminal trial to be a witness against himself.
5. Take any private property for public use without just compensation.
6. Deny any person charged with a criminal offense the right to speedy and public trial; to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him and to obtain witnesses in his favor; and at his own expense to have assistance of counsel.
7. Require excessive bail, impose excessive fines, inflict cruel and unusual punishment and impose a punishment greater thsn six months in jail or a fine of $500.
8. Deny any person equal protection of the laws or deprive any person of liberty or property without due process of law.
9. Pass any bill of attainder or ex post facto law.
10. Deny any person a trial by jury of not less than six perons.

• These provisions were enacted to ensure the protection of  individuals living on tribal lands from arbitrary action by tribal governments, not as a means of limiting the sovereign power of these nations.

• Indian Self-Determination and Assistance Act of 1975, 25 U.S.C. 450, 455-458:
• This Act directed the Bureau of Indian Affairs and The Indian Health Service to contract to requesting tribes most of the programs and services administered by the agencies. This was an effort by Congress to respond to the Indian nations strong articulation for self-determination