The reservation system gives tribes limited self-governance while keeping them under federal control.

Tribal courts handle justice on reservations, but face strict limits on whom they can prosecute

Reservation-based courts handle civil and criminal cases, but federal law sharply limits their authority over non-tribal members. As a result, non-Native individuals who commit crimes on reservations often fall outside tribal jurisdiction, creating potential gaps in accountability.

The US has 575 federally recognized tribal nations, each a sovereign government.

A 1975 law let tribes run their own programs instead of relying on federal bureaucracies

The Indian Self-Determination and Education Assistance Act allowed tribes to contract directly with the federal government to administer their own health, education, and social services—reversing policies from the "termination era."

In the 1950s, the federal government tried to dissolve tribal nations and end their sovereignty

A federal policy called "termination" withdrew official recognition from more than 100 tribes in the 1950s, cutting off federal services and subjecting reservation land to state taxes and sale.

How the Navajo nation works

Tribal reservations control over 89,000 square miles of land in the US, roughly 2.5% of all US land. While individual tribes are recognized as sovereigns, they are not viewed as countries by the US government. Learn how the Navajo nation in...

Native Americans built democratic systems of governance

Indigenous nations, such as the Muscogee, a confederacy of towns in the present-day Southeast, practiced participatory governance centered on communal decision-making and the consent of the governed.

A 2020 Supreme Court ruling affirmed that nearly half of Oklahoma remains tribal land

In McGirt v. Oklahoma, the Supreme Court ruled 5-4 that the Muscogee Nation's reservation was never legally dissolved, thereby stripping Oklahoma of authority to prosecute tribal members for crimes committed on that land. Season One of the "This Land" podcast further explores how reservation court systems operate.

Some tribes push for national parks to be under Indigenous control

Ojibwe author and academic David Treuer talks about his push for 80 million acres of American national park land to be returned to Indigenous stewards. Treuer proposes the government grant control of this land to a consortium of tribes, which would maintain and manage it for use by all Americans.

Tribal casinos have generated billions in revenue

After Congress passed the Indian Gaming Regulatory Act in 1988, granting tribes the legal right to operate casinos on reservation land, tribal gaming expanded dramatically. Today, tribal gaming ranks among the largest revenue sources for participating tribes.

A separate agency within the Department of the Interior manages the education of Native Americans on reservations

The Bureau of Indian Education (BIE), housed under the Department of the Interior's Bureau of Indian Affairs, manages 183 elementary and secondary schools on 64 reservations across 23 states, serving around 40,000 Native American K–12 students outside state public systems.

Cases during John Marshall's tenure defined the principles of federal Indian law

During Marshall's tenure, three landmark rulings—Johnson v. M'Intosh, Cherokee Nation v. Georgia, and Worcester v. Georgia—established foundational doctrines of federal Indian law, defining tribal sovereignty, limiting state authority, and placing primary responsibility for Native affairs in the federal government.

The Dawes Act of 1887 broke up communally held tribal lands

Sometimes called the General Allotment Act, the Dawes Act divided reservation land into individual plots assigned to Native Americans, while "surplus" land was sold to white settlers. The policy led to Native tribes losing roughly 90 million acres, about two-thirds of their remaining land.

Native religious practices were suppressed for centuries before receiving federal protection in 1978

During the first two centuries of American history, the government frequently banned Native ceremonial dances, took sacred sites, and enrolled children in boarding schools where they were prevented from practicing their faith. The American Indian Religious Freedom Act of 1978 committed the federal government to safeguarding Native spiritual practices.

The EPA works directly with Indigenous nations to protect native lands

Through the National EPA-Tribal Science Council, the agency works directly with federally recognized tribes, supporting air and water monitoring, pollution cleanup, and environmental restoration. Special grant programs also exist to enable tribes to develop their own environmental programs and enhance their technical capacity.

Colonial self-rule fostered strong autonomy and distrust of centralized power

American colonies were governed through a patchwork of different systems, ranging from Crown-run to locally controlled. Broad local autonomy—often followed by sudden imperial crackdowns—taught colonial leaders to prize home rule and distrust distant centralized power, attitudes that later informed US federalism.

Federal systems are a minority among the United Nations' 193 members

Of the United Nations' 193 member countries, roughly two dozen use a federal system, dividing power constitutionally between national and subnational governments. This group includes the United States, India, Canada, Germany, and more. The video walks through examples of how these states operate.

One Native leader tried to save his people's land by building a nation

As the US pushed westward in the 19th century, one leader of the Ojibwe people fought back not with arms but with politics, seeking to preserve his people's territory and way of life by building a formal Native nation capable of negotiating on equal footing with the US government.

Federalism creates tension between national and state power by design

Federalism assigns authority so that neither the national government nor the states entirely dominate the other or the people they govern. By creating overlapping claims of power, the system makes negotiation, conflict, and compromise a permanent feature rather than a failure.

The Iroquois Confederacy's political structure may have shaped the US Constitution

Centuries before the US existed, six Indigenous nations—the Mohawk, Oneida, Onondaga, Cayuga, Seneca, and Tuscarora—united under a shared constitution known as the Great Law of Peace. Some historians argue that the framework of federalism and representative councils influenced the American founders.

A 1990 law forced museums and federal agencies to return Native remains and sacred objects

The Native American Graves Protection and Repatriation Act required federally funded institutions to inventory and return Native American human remains and sacred items to descendant tribes.

The US government ran boarding schools designed to erase Native American identity

From the late 19th century into the 20th century, the federal government sent Native children to boarding schools under the philosophy of "kill the Indian, save the man." Children were forbidden from speaking their languages or practicing their cultures, and many endured abuse.

Native American tribes still are waiting for museums to return the remains of their ancestors

The remains of more than 100,000 Native Americans are held by prestigious US institutions, despite a 1990 law meant to return them to tribal nations. Here’s how their ancestors were stolen—and how tribes are working to get them back.

The 10th Amendment affirms that most undelegated powers remain with the states

Adopted to reassure skeptics of an overly powerful federal government, the amendment was meant to curb federal overreach and preserve state control over most everyday governance decisions.

The Tenth Amendment reserves all powers not granted to the federal government to the states or the people

Any powers not delegated to the federal government by the Constitution are reserved to the states or to the people. It has been cited in legal battles over healthcare, marijuana, and environmental regulation.

Native Americans were not granted US citizenship until 1924

The Indian Citizenship Act granted citizenship to all Native Americans born in the US, more than 130 years after the Constitution's ratification. Even then, some states continued to deny Native Americans the right to vote for decades.

Two doctrines of local governance determine how much power cities actually have

Under what is known as "Dillon's Rule," local governments can only exercise powers explicitly granted by the state. Under "home rule," cities have broader self-governing authority—but the balance between the two depends entirely on state law.

The Indian Removal Act of 1830 forcibly displaced tens of thousands of Native Americans

Signed by President Andrew Jackson, the act authorized the federal government to negotiate treaties relocating Native nations from their Southeastern homelands to lands west of the Mississippi, often by force.

Tribal lenders have charged up to 600% APR on short-term loans

Some Native American tribes use their exemption from state legislation to bypass regulations on usury laws. Similar to payday lending, some tribal lenders have charged up to 600% APR on short-term loans.

The creation of the parks often involved displacing Native tribes

Early parks like Yellowstone, Glacier, and Yosemite involved the removal of tribal communities like the Shoshone, Crow, and Nez Percé, undermining the popular narrative that parks preserved an uninhabited wilderness.

Courts referee federalism disputes between Congress and the states

Modern federalism is primarily worked out through litigation. The Supreme Court decides disputes in written opinions that explain when federal law preempts state authority, how far Congress's powers extend, and when states may resist.

The entire National Park System is located on public lands, but not all public lands are national parks.

Pontiac's Rebellion prompted Britain to draw a line between colonists and Native lands in 1763

After the French and Indian War, a coalition of Indigenous nations—led by Odawa leader Pontiac—launched a major uprising against British forts. In response, Britain issued the Royal Proclamation of 1763, which reserved lands west of the Appalachian Mountains for Native peoples.

Sanctuary cities limit local cooperation with federal immigration enforcement

Sanctuary cities limit how local agencies help ICE—such as restricting detainers, jail transfers, or data sharing—while still enforcing criminal law, leaving immigration enforcement mostly to federal authorities.

In 2023, Native Americans had the lowest life expectancy at birth among all racial and ethnic groups

Native Americans and Alaska Natives face significant health disparities linked to chronic underinvestment in reservation health infrastructure, poverty, and multigenerational psychological harm—often called historical or inherited trauma.

William Clark negotiated one-tenth of all ratified treaties between Native Americans and the US.

The Articles of Confederation were not a federal system

Ratified in 1781, the Articles of Confederation left the states sovereign and independent, denied the national government power to tax or regulate commerce, and forced Congress to act through the states—exposing the limits of confederation and paving the way for US federalism.

Native students fought back against forced assimilation at US boarding schools

Despite harsh conditions, Native American students preserved their identities by secretly speaking their languages, maintaining cultural practices, and, in some cases, running away.

The Red Power movement pushed back against poverty and broken treaty rights in the 1960s and 1970s

Inspired by the Civil Rights Movement, Indigenous activists founded the American Indian Movement, a national advocacy organization, to protest excessive police violence and federal violations of treaty rights, drawing national attention to conditions on reservations.

States are constitutionally mandated to draw their own congressional districts

Under Article I, Section 4 of the US Constitution, state legislatures possess the authority to determine how congressional districts are drawn. However, Congress retains the power to alter these rules if it chooses to.

Immigration enforcement shows how federalism plays out on the ground

In recent years, federalism has shifted from allowing policy diversity across states to open conflict, with states and the federal government increasingly trying to impose their preferences on one another over issues like abortion, voting, immigration, and public health.

The Supreme Court limited federal judges' power to issue nationwide injunctions in 2025

In a 2025 decision arising from litigation over a presidential order on birthright citizenship, the Supreme Court held that individual federal judges may not nationwide block executive policies—curbing the use of sweeping injunctions and reshaping how constitutional challenges proceed through the courts.

Advocates for restricting birthright citizenship argue that some parents aren't 'fully subject to US jurisdiction'

Proponents of limiting birthright citizenship claim that undocumented immigrants and temporary visa holders do not meet the 14th Amendment's "subject to the jurisdiction" requirement, arguing their allegiance remains with another country.

Lewis and Clark encountered more than 70 Native tribes during their journey

The Corps of Discovery’s diplomacy ranged from peaceful trade and vital aid from tribes like the Shoshone and Nez Perce to tense standoffs, most notably with the Teton Sioux, who nearly brought the expedition to a halt.

The powers of local government are rooted in state law, not the Constitution

Unlike the federal government or the states, local governments have no constitutional standing—they exist only because state law allows them to. A state legislature can redraw a city's boundaries, strip its powers, or dissolve it entirely.

The Revolution split the Iroquois Confederacy, as members allied with different sides.

Early state constitutions often limited governors to short terms

In the years after independence, many states drafted constitutions to limit executive power. Most governors served only one- or two-year terms, sometimes with breaks before reelection.

The Supreme Court has never definitively settled federal war powers

Despite more than two centuries of conflict over war powers, the Supreme Court has consistently avoided defining the precise boundary between congressional and executive authority, leaving that boundary to be contested by the political branches.

Matrilineal societies—where women led households—were common among Northeastern natives

Such societies also viewed women as leaders in spiritual matters. Both men and women held political roles as clan leaders and worked in tandem with an advisory council.

Explore the specific authorities granted to Congress: the 'enumerated powers'

The Constitution grants Congress a list of powers—including taxing, regulating interstate commerce, and declaring war—while powers not explicitly listed are reserved to the states or the people, defining the federal government's scope of authority.

A tense standoff with the Teton Sioux nearly ended the expedition

In 1804, the Teton Sioux seized a Corps of Discovery boat during a Missouri River meeting, sparking a dangerous standoff. The conflict eased only after careful diplomacy.