Jonah Patel
Native American tribes are considered sovereign nations, with the authority to govern themselves and establish their own laws and customs within their reservation borders. This means that, in most cases, it is Tribal law, rather than state law, that applies on reservations. However, the power of Tribal jurisdiction is not absolute, and the U.S. Constitution vests Congress with the authority to engage in relations with the tribes, placing them within the constitutional fabric of the nation. This has resulted in a complex interplay of Tribal, state, and federal laws, with the Supreme Court playing an active role in clarifying and limiting the scope of Tribal sovereignty.
| Characteristics | Values |
|---|---|
| Tribal sovereignty | Native American tribes are considered sovereign nations with the authority to govern themselves and establish their own laws and customs within their reservations. |
| Tribal jurisdiction | Tribes have jurisdiction over their members and can establish rules and regulations, including those related to civil and criminal matters. Tribal courts play a significant role in adjudicating disputes among tribal members and between tribal members and non-members. |
| Tribal self-government | Tribes possess the right to form their own governments, make and enforce laws, tax, establish membership, license and regulate activities, zone, and exclude persons from tribal lands. |
| Tribal-state relationship | States have no authority over tribal governments unless expressly authorized by Congress. Federally recognized tribes can have a government-to-government relationship with states and often collaborate on matters of mutual concern. |
| Tribal-federal relationship | The Constitution vests Congress and the Executive and Judicial branches with the authority to engage in relations with the tribes, placing tribes within the constitutional fabric of the nation. Tribal members are subject to federal law and federal jurisdiction applies to major crimes committed by or against Native Americans on reservations. |
| Tribal taxation | Federal income taxes are not levied on income from trust lands. State income and sales taxes are not paid on income earned or transactions made on federal Indian reservations. Local property taxes are not paid on reservation or trust land. |
| Tribal treaty rights | Tribes retain treaty rights, and Congress has the power to abrogate these rights, but it is liable to pay compensation under the Fifth Amendment. |
| Tribal court system | Tribal courts have limited powers, such as restrictions on sentencing in criminal cases, and they are not directly accessible to U.S. courts. Tribal sovereignty may override state powers in certain cases, such as search and seizure. |
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What You'll Learn
Tribal sovereignty
The United States Constitution mentions Native American tribes three times, firmly placing tribes within the constitutional fabric of the nation. Article I, Section 8 of the Constitution states that "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes". This determined that Indian tribes were separate from federal or state governments and that states did not have the power to regulate commerce with the tribes.
Federally recognized tribes generally are not subordinate to states and can have a government-to-government relationship with them. They possess the right and authority to regulate activities on their lands independently from state governments. They can form their own governments, make and enforce laws, tax, determine tribal citizenship, license and regulate activities, zone, and exclude persons from tribal lands.
However, it is important to note that tribal sovereignty is not absolute. Tribal members must adhere to federal law, and federal jurisdiction applies to major crimes committed by or against Native Americans on reservations. Additionally, tribal jurisdiction over non-members who commit crimes on reservations is limited, as ruled in Oliphant v. Suquamish Indian Tribe (1978) and Duro v. Reina (1990).
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Tribal laws and customs
Native American tribes are considered sovereign nations, meaning they have the authority to govern themselves and establish their own laws and customs within their reservation borders. This status as a sovereign nation is crucial in defining the interaction between Tribal, state, and federal laws.
Each tribe has its own distinct legal framework, with jurisdiction over its members and authority to establish rules and regulations, including those related to civil and criminal matters. Tribal laws are developed by tribes or Indian nations and apply to their members and individuals within their territories. The structure of tribal governments often mirrors the federal three-branch system, with an executive division (headed by a governor, president, or chief), a legislature (a tribal council), and a judicial branch (a tribal court).
Tribal sovereignty has been affirmed in several landmark U.S. Supreme Court cases, including Montoya v. United States (1901), United States v. Wheeler (1978), and Oliphant v. Suquamish Indian Tribe (1978). These cases have helped clarify the relationship between state and Tribal law, with the Court recognizing Tribal authority to prosecute its members while limiting their jurisdiction over non-members who commit crimes on reservations.
While Tribal members must adhere to federal law, their status as sovereign nations means they are generally exempt from state laws and regulations. This includes matters such as environmental control, land use, gambling, and licenses on federal Indian reservations. However, the power of Tribal jurisdiction is not absolute, and there are limitations to their self-governance. For example, Congress has the authority to place Indians under state law if it chooses, and certain states have been granted criminal jurisdiction over American Indians on reservations.
The legal landscape for Tribal members is complex, with a blend of Tribal, state, and federal jurisdictions. Understanding the historical context and the relationships between these legal systems is essential to navigating the unique challenges faced by Tribal members within the broader legal framework of the United States.
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Tribal jurisdiction
Native American tribes are considered sovereign nations, which means they have the authority to govern themselves and establish their own laws and customs within the borders of their reservations. This status as a sovereign nation significantly defines how tribal, state, and federal laws interact.
Tribes possess all powers of self-government except those relinquished under treaty with the United States, those expressly extinguished by Congress, and those that federal courts have ruled are subject to existing federal law or inconsistent with overriding national policies. Tribes have the right to form their own governments, make and enforce laws (both civil and criminal), tax, establish and determine membership, license and regulate activities within their jurisdiction, zone, and exclude persons from tribal lands.
The extent of tribal jurisdiction has been clarified and shaped by several landmark US Supreme Court cases over the years, including:
- Montoya v. United States (1901), which affirmed tribal sovereignty
- United States v. Wheeler (1978), which upheld tribal authority to prosecute its members
- Oliphant v. Suquamish Indian Tribe (1978), which significantly limited tribal jurisdiction over non-members who commit crimes on reservations
- Castro-Huerta v. Oklahoma (2022), which held that states have concurrent jurisdiction with the federal government to prosecute crimes committed by non-Indians against Indians in Indian country
- Cos. v. Crow Tribe (1885), which held that parties must first exhaust tribal court remedies before seeking federal court review
- Nevada v. Hicks (2001), which further limited Indian country jurisdiction by holding that inherent tribal jurisdiction does not extend to state officials who commit crimes on reservation trust lands
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Tribal court systems
Tribal courts play a crucial role in adjudicating disputes within their communities, including those between tribal members and non-members. They have exclusive jurisdiction over specific matters, such as child custody proceedings for Indian children domiciled in Indian country, as per the Indian Child Welfare Act (ICWA). Tribal courts can also intervene to protect their exclusive jurisdiction under ICWA and have the authority to regulate activities on their lands independently from state governments.
The jurisdiction of tribal courts is not absolute, and it is limited by federal law and congressional authority. Tribal courts do not have direct access to U.S. courts and must file suits with the approval of the BIA. Landmark Supreme Court cases, such as United States v. Wheeler (1978), have affirmed tribal authority to prosecute its members, while Oliphant v. Suquamish Indian Tribe (1978) limited tribal jurisdiction over non-members committing crimes on reservations.
To address issues like substance abuse and violent crime, the BIA created the Diversion and Re-entry Division (DRD) to work with tribes in strengthening treatment options and ensuring justice, safety, and prevention. Tribal courts also collaborate with state courts, consulting on cases filed in both jurisdictions to ensure clarity and consistency in their decisions.
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Tribal government
Native American tribes are considered sovereign nations, which means they have the authority to govern themselves and establish their own laws and customs within the borders of their reservations. This status as a sovereign nation significantly defines how Tribal, state, and federal laws interact.
Tribes possess all powers of self-government except those relinquished under treaty with the United States, those expressly extinguished by Congress, and those that federal courts have ruled are subject to existing federal law or inconsistent with overriding national policies. Tribes, therefore, have the right to form their own governments, make and enforce laws (both civil and criminal), tax, establish and determine membership (i.e., tribal citizenship), license and regulate activities within their jurisdiction, zone, and exclude persons from tribal lands.
While federally recognized tribes are generally not subordinate to states, they can have a government-to-government relationship with them. They can also collaborate and cooperate with states through compacts or other agreements on matters of mutual concern, such as environmental protection and law enforcement.
The relationship between Tribal and state law has been clarified by several landmark U.S. Supreme Court cases, including Montoya v. United States (1901), which affirmed Tribal sovereignty, United States v. Wheeler (1978), which upheld Tribal authority to prosecute its members, and Oliphant v. Suquamish Indian Tribe (1978), which significantly limited Tribal jurisdiction over non-members who commit crimes on reservations.
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Frequently asked questions
On federal Indian reservations, only federal and tribal laws apply to members of the tribe unless Congress provides otherwise. Native American tribes are considered sovereign nations with the right to govern themselves and establish their own laws and customs within their reservations.
The relationship between state and tribal law is complex and has been the subject of several landmark court cases. While tribal nations are separate from federal and state governments, they are still subject to federal law.
Federal income taxes are not levied on income from trust lands held for them by the U.S. State income taxes are also not paid on income earned on a federal Indian reservation. State sales taxes are not paid by tribal members on transactions made on a federal Indian reservation. Local property taxes are not paid on reservation or trust land.
The Indian Civil Rights Act provides statutory, but not constitutional, limitations. Claims under the Act can only be brought in tribal court.
The "discovery doctrine" is a federal common law doctrine created by the Supreme Court. It has been used to place limits on the scope of tribal sovereign power.
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