This unit focuses on tribal sovereignty and government, treaties and tribal constitutions.

Tribal Sovereignty and Government
Tribal sovereignty refers to the inherent authority of Native American tribes to govern themselves. This concept is rooted in the fact that tribes have been practicing their own forms of government for thousands of years.   Each with their own rights to control their own economies, decision-making, and process for diplomacy. Tribal sovereignty means that tribes have the right to govern their lands, manage their resources, make and enforce laws, and maintain their customs and traditions. Tribal governments operate independently from the United States, but also interact with the U.S. federal and state governments in complex ways with relationships that have developed through treaties, laws, and agreements.

Treaties
Treaties are formal legally binding agreements between two or more nations. They serve as written contracts between signatories of the treaties. The United States government recognized Tribal governments as nations that they could enter into agreements with. For the United States treaties are a form of relationship building. For Native American tribes, the relationship established through treaties with the United States recognized tribal sovereignty and their ability to protect their people, land and resources while the U.S. government sought expansion. Treaties came during a period of forced relocation and removal.  Treaties are legally binding agreements and serve as a foundation for the government-to-government relationship between the U.S. Government and Native American governments.  

Historical Context on California 
In California, there were over 109  distinct Native American  tribes, each with its own territory, language, and culture. With the arrival of Europeans, California Indians experienced three waves of settlement and disruption, first, the Spanish mission period, Mexican secularization and the American Period.  During the American period, shortly after the Gold Rush, from 1851-1852, the United States government negotiated 18 treaties with California Tribes, promising land reservations and protection in exchange for vast amounts of tribal land. Although these treaties were signed by United States government representatives and Native American communities, the United States senate refused to ratify them, meaning they were never legally recognized.   Without ratified treaties, California Indians were left without legally protected land or rights. Many were pushed into poor living conditions, landless or forced to work on settlers’ farms or ranches.  
Today, California tribes continue to fight for federal recognition, land rights and treaty acknowledgment. Some tribes have been able to reclaim land or receive compensation from land loss through legal battles, yet many challenges continue to remain for California Indian people.

Federal Recognition 
Federal recognition means that the U.S. government officially acknowledges  a Native American tribe as a sovereign nation with a political relationship with the federal government. Federally recognized tribes have certain rights and access to federal resources, the ability to create their own laws and operate independently of state laws. Federal Recognition allows tribes to access federal programs and funding for education, healthcare, housing and economic development often managed by the Bureau of Indian Affairs.  Recognized tribes often have land held in trust by the United States government, meaning the land is inhabited by the Tribal Nation and community but is managed by the Federal government. 
Not all tribes have federal recognition, and tribes without federal recognition are excluded from federal programs and funding granted to federally recognized tribes.  Many of these tribes face challenges in accessing resources that directly benefit their community, practicing their culture and  traditions or access to land. Today, many tribes work toward federal recognition. However, this process is often a time consuming process that costs an exorbitant amount of resources.

Tribal Constitutions
A Tribal constitution is a written document that serves as a foundational law for Native American tribes, similar to the United State Constitution.  A constitution  outlines the structure of the tribe's government, governing principles, lands and tribal membership.  Tribal constitutions are a part of a tribe's inherent right to self-government and enable tribes to define their own laws to maintain order and make decisions that affect their communities. Tribal constitutions are crucial to exercising self government, managing internal affairs and protecting their cultures. 
Tribal governments have existed prior to the establishment of the United States. Tribes had their own unique traditional laws and structures. However, this was changed through the U.S. government's introduction of constitutions modeled after the United States constitutions through  policies that focused on restructuring tribal governments.   The Indian Reorganization Act is an example of how the United States encouraged tribes to adopt written constitutions. Some tribes did vote and ratify IRA constitutions, oftentimes  it replaced traditional government systems.