Don Naccona said
There is nothing in the US Constitution about recognition of Indian tribes except references to treaties with foriegn nations. States powers are covered by the tenth amendment also called the "elastic clause".
The United States Supreme Court has stated in this regard that:
…the Constitution grants Congress broad general powers to legislate in respect to Indian tribes, powers that we have consistently
described as “plenary and exclusive,” e.g., Washington v. Confederated Bands and Tribes of Yakima Nation, 439
U.S. 463, 470-471 (1979); Negonsott v. Samuels, 507 U.S. 99, 103 (1993); see Wheeler, 435 U.S. [313] at 323; see also W.
Canby, American Indian Law 2 (3d ed. 1998).
The “...central function of the Indian Commerce Clause, is to provide Congress with plenary power to legislate in the
field of Indian affairs.” Cotton Petroleum Corp. v. New Mexico, 490 U.S. 163, 192 (1989); see also, e.g., Ramah Navajo
School Bd., Inc. v. Bureau of Revenue of N.M., 458 U.S. 832, 837 (1982) (“broad power” under the Indian Commerce
Clause); White Mountain Apache Tribe v. Bracker, 448 U.S. 136, 142 (1980) (same, and citing Wheeler, supra, at 322-323).
• The “Treaty Clause” states that [The President] shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties. . .” United States Constitution, Article II, § 2, cl. 2.
