The Eighth Circuit Court of Appeals recently upheld Mille Lacs Band rights by treaty to hunt, fish and gather within the original boundaries of the 1837 treaty. Jim Genia, Solicitor General, Mille Lacs Band of Ojibwe, and Don Wedll, Commissioner of Natural Resources, Mille Lacs Band of Ojibwe, spoke about tribal sovereignty and its relationship to the state's recent challenge to tribal treaty rights. Tribal sovereignty is the core of tribes' power to govern themselves. He reminded the audience that sovereignty predates the U.S. Constitution, as illustrated by Columbus' treatment of Indian tribes as separate governments. Therefore, tribes have inherent sovereign powers that predate the formation of the United States government.
Tribal sovereignty is recognized by the United States government.
Treaties, the U.S. Constitution and Supreme Court precedence have legally established the sovereign status of American tribes. In 1837, the Mille Lacs Band exercised its powers as a sovereign nation and entered into a treaty with the federal government. Treaty negotiations between the Mille Lacs Band and the U.S. federal government came about because Indian people knew that they could either sell the land or the U.S. government would come in and take it anyway. In the agreement, the tribe retained their hunting, fishing and gathering rights in exchange for land cessation. These rights were retained by, rather than given to, the Indian people.