What Are the Inherent Powers of Tribal Self-government?
Tribes possess all powers of government, except those, which Congress has expressly extinguished or which the Supreme Court has ruled are inconsistent with overriding national interests. Tribes, therefore, possess the right to form their own government; to make and enforce laws, both civil and criminal; to tax; to establish membership; to license and regulate activities; to zone; and to exclude persons from tribal territories. Limitations on tribal powers of self-government are few, and include the same limitations applicable to states; e.g., neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
