Laws On Reservations: Who Has Jurisdiction?

The legal landscape of the United States is a complex tapestry of laws and jurisdictions. 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 on federal Indian reservations, tribal and federal laws apply to members of the tribe, unless Congress delivers otherwise. This status as a sovereign nation significantly shapes 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 its rules and regulations, including those related to civil and criminal matters.

Tribal members are citizens of their tribe and the US

The relationship between the US and the tribes is one of government-to-government. The US Constitution mentions Native American tribes three times, and the US federal government has always been the government that makes treaties with Indian tribes – not individual states. Treaties with the US federal government have historically recognised the inherent authority of Indigenous tribes to govern themselves within US borders.

The US currently recognises 574 tribal nations, 229 of which are in Alaska. The recognition of tribal nations as "domestic dependent nations" guides the relationship between federal, state, and tribal governments. This recognition means that tribal nations are sovereign within a sovereign, with tribal sovereignty dependent on, and subordinate to, the federal government, not the states.

Tribal members are US citizens and are subject to federal law. Federal jurisdiction applies to major crimes committed by or against Native Americans on reservations, actions involving interstate commerce, and any legal issue in which the US is involved as a party. This includes voting rights, social security, and military service.

Tribal members are also citizens of the states in which they reside and are subject to state laws to varying degrees. The power of tribal jurisdiction is not absolute, and a complex web of legal precedents and legislation determines the extent to which tribal law and state law interact. In certain areas, federal law precedes tribal and state law.

Tribal members are citizens of their tribe according to the criteria established by each tribe. Tribes have the inherent right to operate under their own governmental systems and determine their own membership criteria.

Tribal sovereignty and jurisdiction

The US Constitution mentions Native American tribes three times, acknowledging their separate status from the federal government, the states, and foreign nations. The Fourteenth Amendment, Section 2, addresses the handling of "Indians not taxed" in the apportionment of House of Representatives seats, suggesting that Indians need not be taxed. Article I, Section 8, Clause 3, states that "Congress shall have the power to regulate Commerce with foreign nations, several states, and with the Indian tribes", indicating that Congress has no more power over Indian nations than it does over individual states.

The sovereignty of Native American tribes gives them the right to determine their form of government, define citizenship, make and enforce laws through their own police force and courts, collect taxes, and regulate property use. However, this sovereignty is not absolute, and the power of tribal jurisdiction has limits. Tribal members are also citizens of the United States and are subject to federal laws. The Assimilative Crimes Act makes any violation of state criminal law a federal offence on reservations.

The Major Crimes Act and the Indian Country Crimes Act are federal statutes that delineate the allocation of jurisdiction between tribal, state, and federal governments. The US Supreme Court has also ruled on several cases that clarified the relationship between state and tribal law, including Montoya v. United States (1901), which affirmed tribal sovereignty, and Oliphant v. Suquamish Indian Tribe (1978), which limited tribal jurisdiction over non-members who commit crimes on reservations.

The relationship between tribal governments and the federal government has evolved over time, with treaties and statutes defining their interactions. The Indian Appropriations Act of 1871 prohibited any future treaties and required the federal government to interact with the tribes through statutes. The Indian Reorganization Act of 1934 allowed tribes to select from a catalogue of constitutional documents that enumerated powers for tribes and tribal councils.

In recent years, there have been efforts to strengthen tribal sovereignty and jurisdiction. The Tribal Law and Order Act of 2010 enhanced tribal courts' criminal sentencing authority, and the Violence Against Women Reauthorization Act of 2013 expanded tribal criminal jurisdiction over non-Indian perpetrators of domestic violence against Indians in Indian Country.

In summary, tribal sovereignty and jurisdiction in the United States involve a complex interplay between tribal, state, and federal laws. While tribes have the right to self-govern and establish their own laws, they are also subject to federal laws and the jurisdiction of the federal government in certain areas. The relationship between tribal and federal governments has evolved over time, with ongoing efforts to strengthen tribal sovereignty and address the unique challenges faced by tribal members within the broader legal fabric of the United States.

Federal laws apply on reservations

Federal laws apply on Indian reservations, but the situation is complex. Native American tribes are considered sovereign nations, with the authority to govern themselves and establish their own laws and customs within their reservations. Tribal members are citizens of their tribe and of the United States, carrying a complex array of legal rights and responsibilities.

On federal Indian reservations, only federal and tribal laws apply to members of the tribe, unless Congress decides otherwise. Tribal members must adhere to federal law, and federal jurisdiction applies to major crimes committed by or against Native Americans on reservations, actions involving interstate commerce, and any legal issue in which the United States is a party. This means that issues such as voting rights, social security, and military service fall under federal law for Tribal members.

The Assimilative Crimes Act makes any violation of state criminal law a federal offence on reservations. Federal law also takes precedence over tribal and state law in certain areas. For example, the Major Crimes Act and the Indian Country Crimes Act are two prominent federal statutes that outline the allocation of jurisdiction between tribal, state, and federal governments.

The U.S. Supreme Court has also ruled on several cases that clarify the relationship between state and tribal law, 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 limited Tribal jurisdiction over non-members who commit crimes on reservations.

The legal landscape for Tribal members on reservations is a complex fusion of Tribal, state, and federal jurisdictions, and sovereignty plays a crucial role in defining the scope and limits of these legal systems. Each tribe has its own distinct legal framework, and while Tribal members must adhere to federal law, the extent to which they are subject to state law is less clear-cut and depends on many factors.

State laws do not apply on reservations

State laws do not apply on Native American reservations. 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 sovereignty significantly influences the interplay between Tribal, state, and federal laws.

Tribal members are citizens of their respective tribes and the United States, resulting in a complex array of legal rights and responsibilities. While Tribal members are generally subject to federal, state, and local laws as U.S. citizens, the situation is different on federal Indian reservations. On these reservations, Tribal members are governed by federal and Tribal laws, unless Congress specifies otherwise. This means that Tribal laws, rather than state laws, typically apply on reservations.

The sovereignty of Native American tribes plays a crucial role in defining the scope and limits of the legal systems within reservations. Each tribe has its own distinct legal framework, which may include an executive division, a legislature, and a judicial branch. This structure allows tribes to govern themselves and establish their own rules and regulations, including those related to civil and criminal matters.

The jurisdiction of Tribal laws covers Tribal members and individuals within Tribal territories. Tribal courts play a significant role in adjudicating disputes among Tribal members and between Tribal members and non-members. However, the power of Tribal jurisdiction is not absolute, and there are instances where federal law takes precedence over Tribal law, such as in major crimes or issues involving interstate commerce.

The complex interplay between Tribal, state, and federal laws on Indian reservations highlights the unique legal landscape faced by Tribal members. While they must adhere to federal laws, the application of state laws is less clear-cut, with Tribal laws often taking precedence within reservation borders.

Tribal police and law enforcement

Tribal police departments are based on the Indian Self-Determination and Education Assistance Act of 1975, which allows tribes to take responsibility for programs previously administered by the federal government, including law enforcement.

Tribal law enforcement agencies provide a wide range of public safety services. They respond to calls, investigate crimes, enforce traffic laws, execute arrest warrants, serve process, provide court security, and conduct search and rescue operations. There are 258 agencies with at least one full-time sworn officer with arrest authority or the authority to issue citations in Indian country. These consist of 234 tribally operated law enforcement agencies, 23 police agencies operated by the Bureau of Indian Affairs (BIA), and the Village Public Safety Officer (VPSO) program, which provides services to Alaska Native villages.

Tribes have the authority to exercise criminal jurisdiction over tribal members and to arrest and detain non-Indians for delivery to state or federal authorities for prosecution. These powers are generally limited to the reservation. Tribal police are critical to resolving criminal cases referred to state and federal agencies as they usually discover the crime, interview witnesses, and understand the circumstances involved.

Tribal police officers are often cross-certified as state law enforcement officers. They also work closely with federal and state law enforcement agencies, with cross-deputization agreements in place to enhance capabilities in areas where state and tribal lands are intermingled.

The Tribal Law and Order Act of 2010 helps address crime in tribal communities and emphasises decreasing violence against American Indian and Alaska Native women. It encourages the hiring of more law enforcement officers for Indian lands and provides tools to address critical public safety needs. The Act enhances tribes' authority to prosecute and punish criminals, and it expands efforts to recruit, train and retain BIA and tribal police officers. It also provides these officers with greater access to criminal information-sharing databases.

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