Tribes have inherent powers of sovereignty and self-governance that predate the "discovery" of America by Columbus. On the other hand, tribes have only those attributes of sovereignty that Congress gives them. Over the years, the Court has relied on one or the other of these perspectives in deciding tribal sovereignty cases. It is important to note that whichever theory the Court has favored in a given case has determined to a large extent what powers the tribes have and what protections they receive against federal and state government encroachment.

For tribes, sovereignty means the ability to manage their own affairs and exist as nations that are recognized as having control over their own destinies. Tribes possess all powers of self-government including the right to form their government; to make and enforce laws, both civil and criminal; to license and regulate activities within their jurisdiction; to zone; and to exclude persons from tribal lands.

Today, tribal governments maintain the power to determine their own governance structures, pass laws, and enforce laws through police departments and tribal courts.

Tribal governments provide multiple programs and services, including, but not limited to, social programs, first-responder services, education, workforce development, and energy and land management. They also build and maintain a variety of infrastructure, including roads, bridges, and public buildings.

State governments and Tribal governments have a great deal in common, and established best practices in Tribal-State relationships can result in more successful cooperation at the local level rather than conflict.