Recognition and Evolution of Tribal Sovereign Immunity under Federal Law: Legal, Historical, and Normative Reflections on a Fundamental Aspect of American Indian Sovereignty, The

It Is inherent in the nature of sovereignty, not to be amenable to the suit of an individual without its consent This is the general sense and the general practice of mankind; and the exemption, as one of the attributes of sovereignty, is now enjoyed by the government of every state in the union."i "[indian tribes are] distinct, independent political communities, retaining their original natural rights .... 2 "As separate sovereigns pre-existing the Constitution, tribes have historically been regarded as unconstrained by those constitutional provisions framed specifically as limitations on federal or state authority.... Indian tribes have long been recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign powers." 3 "[Tribal immunity] predates the birth of the Republic[.]"4 I.