Abstract
American Indian tribes are strange sovereigns. Though subject to the ultimate sovereignty of the United States in many ways, tribes retain powers that have not been explicitly divested by federal statute or treaty, or implicitly divested by restraints of tribes’ protectorate relationship with the United States. Defining tribal membership is one undivested power, and the federal government, including the Supreme Court, has recognized that particular power’s importance to tribes. Even so, this power, as well as others currently nondivested, appear to be subject to congressional influence should Congress choose to act.
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