Are We a Nation? An Observation of Tribal Sovereignty

Abstract

This paper will seek to answer how the Santa Clara v. Martinez case set precedence for what tribal sovereignty has become. This essay will answer the importance and effects of sovereignty to Native American tribes in the U.S. Tribal sovereignty has been a term that has changed throughout the years. The views of this idea, sovereignty, have been molded by the cases heard by the Supreme Court and to this day are still questioned by Native American society. One court case however, Santa Clara Pueblo v. Martinez (1978), has set the definitive standard for what tribes consider as sovereignty today. This paper will show how this case has brought precedence for what sovereignty is today and how sovereignty is important to tribes in this modern age.