Cameron Miranda
The relationship between federal, state, and Indian governments in the United States has long been a complex issue. Indian tribes are considered governments with rights and privileges similar to those of states and the federal government. They have their own court systems and governmental agencies, including law enforcement and child welfare. In Oklahoma, the debate around tribal sovereignty has been particularly contentious. Historically, Oklahoma state courts asserted jurisdiction over Indian affairs within Native Land, often interfering with tribal sovereignty and jurisdiction. However, a landmark Supreme Court ruling in 2020, known as McGirt v. Oklahoma, significantly altered the legal landscape. The ruling recognized eastern Oklahoma as Indian Country, upholding the sovereignty of tribal nations and limiting the state's jurisdiction over criminal and civil matters on tribal lands. This decision has had wide-ranging implications for criminal justice and environmental regulation in the state, sparking ongoing discussions about the role of tribal law in Oklahoma and beyond.
| Characteristics | Values |
|---|---|
| Tribal sovereignty | Includes an independent tribal government and the ability to follow and apply tribal law in independent courts |
| Tribal jurisdiction | Tribal governments in Oklahoma have exclusive jurisdiction over civil cases that occur between tribal members on tribal land |
| Tribal jurisdiction and criminal cases | Tribal jurisdiction extends to all criminal matters that do not fall under the Major Crimes Act or a similar federal statute |
| Tribal jurisdiction and environmental regulation | Tribal nations in Oklahoma have regulated the environment, but require approval from the state to participate in environmental regulation under federal statutes |
| Tribal immunity | Indian tribes have immunity from lawsuits, and therefore cannot be sued |
| Tribal court systems | Tribal courts in Oklahoma and on reservations across Indian Country rarely have the authority to try felony cases and have very limited authority over people outside the tribe even in incidents that occur on tribal lands |
| Tribal court systems | CFR courts are used when a specific tribal court justice system has not been established in the area |
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What You'll Learn
Tribal sovereignty
In the United States, Indian (Native American) tribes are considered governments with most of the rights and privileges of states and the federal government. They have immunity from lawsuits and cannot be sued unless their immunity is waived.
The US Constitution mentions the relationship between the federal government and Indian tribes three times. Article I, Section 8 states that "Congress shall have the power to regulate Commerce [...] with the Indian tribes".
In the 1820s and 1830s, the Supreme Court handed down three cases that set out the relationships between the federal government, states, and Indian tribes. One of these cases, Worcester v. Georgia, found unconstitutional a set of statutes in Georgia that regulated Indians on Indian land.
In 2020, the Supreme Court ruled in McGirt v. Oklahoma that much of eastern Oklahoma is "Indian country", meaning tribal law and federal law apply in criminal cases involving Native citizens in that region. This ruling has been described as an important victory in the struggle to strengthen tribal sovereignty.
Tribal nations in Oklahoma have long regulated the environment, but a 2005 statute allowed the state of Oklahoma to continue administering its environmental programs in Indian country, which has been interpreted as an abrogation of tribal sovereignty.
The Department of Justice Policy on Indian Sovereignty and Government-to-Government Relations with Indian Tribes recognises the sovereign status of federally recognised Indian tribes as domestic dependent nations. The Social Security Administration is also committed to strengthening its relationship with Indian tribes and has outlined initiatives to improve communication and provide information about its programs for Native Americans.
In 2013, President Obama signed the Sandy Recovery Improvement Act, which amended the Stafford Act to provide federally recognised tribal governments the option to request emergency or disaster declarations directly from the President, rather than through a state. This amendment reflects the sovereign status of federally recognised tribal governments.
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Tribal jurisdiction
Indian (Native American) tribes are considered governments with most of the rights and privileges of the states and federal government. They have immunity from lawsuits, which means that they cannot be sued. This immunity can only be waived if federal congress has passed, and the president has signed, legislation to do so, or if the tribe itself waives its immunity.
Tribal nations have their own court systems and governmental agencies, including law enforcement and child welfare. Tribal courts can hear civil cases involving Indian or non-Indian individuals arising in "Indian country", where tribal members are defendants. "Indian country" is a legal term referring to all land within the limits of any Indian reservation under the jurisdiction of the United States Government, all dependent Indian communities within the borders of the United States, and all Indian allotments with Indian titles that have not been extinguished.
In 2020, the US Supreme Court ruled that much of eastern Oklahoma is Indian Country, meaning tribal law and federal law apply in criminal cases involving Native citizens, rather than state law. This ruling has had an impact on the sovereignty of tribal nations in Oklahoma, with the Administrator of the Environmental Protection Agency granting a request from the State of Oklahoma to continue administering its environmental programs in Indian country.
Tribal courts rarely have the authority to try felony cases and have limited authority over people outside the tribe, even in incidents that occur on tribal lands. However, the Supreme Court's 2022 decision in Castro-Huerta v. Oklahoma held that "the Federal Government and the State have concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian country".
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Tribal courts
Tribal nations in Oklahoma have long sought to regain their power to administer justice according to their laws and traditions. A landmark decision by the U.S. Supreme Court in 2020 ruled that much of eastern Oklahoma is "Indian Country," meaning tribal law and federal law apply in criminal cases involving Native citizens, not state law. This decision has had a significant impact on criminal justice in the state, with an unknown number of tribal citizens seeking retrial in U.S. District Court.
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Tribal immunity
Indian (Native American) tribes are considered governments and have most of the rights and privileges of state and federal governments. This includes governmental agencies, such as law enforcement and child welfare, and tribal police powers.
Tribal nations have immunity from lawsuits, which means they cannot be sued in any court unless there is a waiver of that immunity. This immunity has been upheld by the Supreme Court, which ruled in the 1820s and 30s that Indian tribes cannot be sued without a waiver of immunity from the tribe or federal congress and the president. This immunity has been reaffirmed in more recent cases, such as Sheffer V. Buffalo Run Casino, Pte, Inc. in 2013, where the Oklahoma Supreme Court eliminated the possibility of piercing tribal sovereign immunity in any court.
In terms of criminal justice, a landmark decision by the U.S. Supreme Court in 2020 ruled that much of eastern Oklahoma is "Indian country", meaning tribal law and federal law apply in criminal cases involving Native citizens, rather than state law. This has had a significant impact on criminal jurisdiction and tribal sovereignty, with an unknown number of tribal citizens now able to seek retrial in federal court.
However, tribal sovereignty is not absolute, and there have been attempts to curtail it. For example, in 2020, the Administrator of the Environmental Protection Agency (EPA) granted Oklahoma's request to continue administering its environmental programs in Indian country, which has been seen as an abrogation of tribal sovereignty. Additionally, there have been provisions in legislation that would require tribes to waive their sovereign immunity to receive certain funds, which has been opposed by tribal advocates.
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Tribal law enforcement
Indian (Native American) tribes are considered governments with most of the rights and privileges of the states and federal government. They have immunity and cannot be sued. Tribal law enforcement agencies provide a broad range of public safety services, including responding to calls, investigating crimes, enforcing traffic laws, executing arrest warrants, and conducting search and rescue operations.
Tribal police departments are commonly funded, administered, and staffed according to the Indian Self-Determination and Education Assistance Act of 1975, which allows tribes to assume responsibility for programs previously administered by the federal government, including law enforcement. Some tribally operated agencies have a self-governance compact with the Bureau of Indian Affairs (BIA), which provides block grant payments and greater tribal control. Full tribal control over law enforcement services exists where such services are entirely funded by the tribal government.
The Tribal Law and Order Act of 2010 requires the BIA to submit an annual report to Congress detailing staffing, funding, and support provided to tribal law enforcement agencies. The Act also enhances tribes' authority to prosecute and punish criminals, expands recruitment and training efforts, and provides tribal police officers with greater access to criminal information-sharing databases.
In Oklahoma, the Supreme Court's decision in McGirt v. Oklahoma affirmed that much of eastern Oklahoma is "Indian country," meaning tribal law and federal law apply in criminal cases involving Native citizens, not state law. This has had significant implications for criminal justice in the state, with an unknown number of tribal citizens seeking retrial in U.S. District Court.
Tribal nations in Oklahoma have long regulated the environment, but a 2005 statute allows the state to continue administering its environmental programs in "Indian country" with the approval of the Administrator of the Environmental Protection Agency (EPA). This has been criticised as an abrogation of tribal sovereignty.
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Frequently asked questions
Indian Country is a legal term that refers to all land within the limits of any Indian reservation under the jurisdiction of the United States Government, all dependent Indian communities within the borders of the United States, and all Indian allotments.
Tribal jurisdiction is the power of a tribal government to exercise authority over criminal and civil matters that occur within their tribes. When a tribe has exclusive jurisdiction over civil and criminal matters, they have the authority to deal with all of these legal issues themselves.
In the landmark decision of McGirt v. Oklahoma in 2020, the Supreme Court ruled in favor of Indian Country jurisdiction, holding that tribal members who allegedly commit crimes within tribal land should be charged in a tribal court rather than a state court. As a result, tribal jurisdiction has been restored to Tribal Nations, and Oklahoma state courts do not have criminal and civil jurisdiction over tribal affairs within Indian Country.
Indian tribes have immunity and therefore cannot be sued. If a tribe breaches a contract, unlawfully deprives a person of money, or injures a person, they have very little accountability in the court system of federal and state governments. The only way a tribe can be sued is if federal congress passes and the president signs legislation waiving the tribe's immunity, or the tribe itself waives its immunity.
