Self-Governance

Definition

Self-governance refers to the ability of a community or group to govern itself without external interference, exercising autonomy and control over its own affairs. This concept is deeply rooted in tribal sovereignty, where Native American tribes assert their rights to manage their internal governance, laws, and resources independently from state or federal authorities.

5 Must Know Facts For Your Next Test

1. Self-governance allows tribes to establish their own laws, justice systems, and governance structures that reflect their cultural values and traditions.
2. The U.S. Supreme Court has historically addressed cases concerning tribal self-governance, affirming the rights of tribes to operate independently of state laws.
3. The Self-Determination Era, beginning in the late 1960s, marked a significant shift towards increased recognition and support for tribal self-governance.
4. Self-governance is often linked to economic development, as tribes utilize their autonomy to create opportunities for business and tourism on their lands.
5. The Indian Gaming Regulatory Act of 1988 provided a framework for tribal gaming operations, enhancing economic self-sufficiency and self-governance for many tribes.

Review Questions

• How does the concept of self-governance relate to tribal sovereignty and influence the way Native American tribes manage their affairs?
  • Self-governance is a crucial aspect of tribal sovereignty because it empowers Native American tribes to exercise autonomy over their internal governance. This means that tribes can create and enforce their own laws, establish justice systems, and manage resources without outside interference. The assertion of self-governance directly reflects the rights granted to tribes under federal law, reinforcing their sovereignty and enabling them to preserve their cultural identity while addressing contemporary challenges.
• Evaluate the impact of the Self-Determination Era on tribal self-governance and how it has transformed relationships between tribes and the federal government.
  • The Self-Determination Era initiated a pivotal change in how the federal government interacted with Native American tribes. During this period, there was a shift from paternalistic policies to empowering tribes to govern themselves. This transformation allowed tribes to gain more control over programs and funding related to education, health care, and social services. The focus on self-determination enhanced tribal capacity for governance, leading to stronger community development and cultural revitalization efforts.
• Assess the implications of the Indian Gaming Regulatory Act of 1988 on tribal self-governance and economic independence for Native American communities.
  • The Indian Gaming Regulatory Act of 1988 significantly bolstered tribal self-governance by establishing a legal framework for gaming operations on tribal lands. This legislation allowed tribes to engage in casino gaming, providing them with a critical source of revenue that supported economic independence. As a result, many tribes could invest in infrastructure, education, and healthcare services while asserting their right to govern these enterprises autonomously. The success of gaming operations illustrated the potential of self-governance in fostering economic growth and strengthening tribal sovereignty in contemporary society.

Related terms

Tribal Sovereignty: The inherent authority of indigenous tribes to govern themselves within the borders of the United States, recognized by federal law.

Federal Indian Policy: The evolving set of laws and policies established by the U.S. government regarding its relationship with Native American tribes, which impacts their self-governance.

Indian Self-Determination Act:

A federal law passed in 1975 that allows Native American tribes to take greater control over their own affairs and funding, promoting self-governance.