Cameron Miranda
Native American reservations are lands held in trust by the US federal government for Native American tribes. These 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. 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. For example, tribal laws can permit casinos on reservations located within states that do not allow gambling, thus attracting tourism. However, this sovereignty is not absolute, and tribal members are also citizens of the US and the states in which they reside, meaning they are subject to federal and state laws to varying degrees.
| 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 reservation borders. |
| Tribal laws | Tribes can enact and enforce stricter or more lenient laws and regulations than those of the surrounding or neighboring states. |
| Federal laws | Tribal members are also citizens of the United States and are subject to federal laws. |
| State laws | Tribal members are also citizens of the states in which they reside and are subject to state laws to varying degrees. |
| Tribal jurisdiction | Tribal jurisdiction is not absolute and is limited by a complex web of legal precedents and legislation. |
| Federal jurisdiction | 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. |
| State jurisdiction | Certain states have been granted criminal and civil jurisdiction over matters on reservations that were previously under tribal or federal court jurisdiction. |
| Law enforcement | Tribes have their own law enforcement officers and judicial systems, but they frequently collaborate with states on law enforcement matters. |
| Taxation | Tribes can collect taxes and regulate property use within their reservations. |
| Land ownership | Reservations are unevenly distributed throughout the country, with most being situated west of the Mississippi River. |
| Casinos | Laws on tribal lands can permit casinos on reservations located within states that do not allow gambling, thus attracting tourism. |
| Time zones | In some cases, reservations may follow different time zones than the surrounding states, which can impact travel and tourism. |
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What You'll Learn
Casinos and gambling
The history of Native American gaming can be traced back to the 1970s, when the Seminole Tribe in Florida and the Cabazon Band of Mission Indians in California began operating commercial bingo halls. These operations sparked legal battles, with tribes arguing that their sovereignty exempted them from state regulations. The courts ruled in favour of the tribes, and in 1987, the Supreme Court upheld the authority of tribes to manage gaming on their lands without being subject to state laws. This decision was codified by the Indian Gaming Regulatory Act (IGRA) of 1988, which established the jurisdiction framework and federal regulations that are in place today.
The IGRA created the National Indian Gaming Commission (NIGC) and divided gaming into three classes. Class I games are traditional games associated with tribal ceremonies or celebrations, and only tribes have the authority to regulate them. Class II games, which include slot machines and gambling tables, are regulated by tribes with oversight from the NIGC. Tribes have the authority to conduct Class III games, which include casino games and sports betting, if the state where the reservation is located allows this type of gaming activity.
As of 2023, there are more than 500 tribal gaming facilities operating in 29 states, with California having the most tribal-operated full casinos. Tribal casinos differ from commercial casinos in several ways, including their approach to alcohol service and labour laws. Many tribal casinos choose not to serve alcohol, as it is a prevalent issue on Native American reservations. Additionally, not all U.S. labour laws apply on tribal lands, and it is common for tribal casinos to hire both Native American and non-Native American employees.
While the development of tribal casinos has brought economic benefits to many Native American communities, it has also been met with opposition. Some view gambling as morally corrupting and have witnessed the negative social impact it can have. Despite this, the tribal casino industry continues to grow, with the West Coast, particularly California, representing the fastest-growing sector of the Native gaming industry.
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Taxation and property ownership
Reservations in the United States are unevenly distributed, with the majority situated west of the Mississippi River. They make up around 2.3% of the total area of the country. While each reservation has its own distinct characteristics, they are all considered semi-autonomous lands with their own rules, law enforcement officers, and judicial systems.
The laws within tribal lands may vary from those of the surrounding and adjacent states. Federally recognized Native American tribes possess limited tribal sovereignty and are able to exercise the right of self-governance, including the ability to pass laws, regulate power and energy, create treaties, and hold tribal court hearings. However, it is important to note that tribal sovereignty is not absolute, and federal laws still apply within reservations.
In terms of taxation and property ownership, Native American tribes, as sovereign governments, are generally exempt from state and local taxes. This includes property taxes on lands held in trust by the government for the benefit of Native Americans. Native Americans who own land held in trust are also exempt from property taxes. However, for lands that are not held in trust, Native Americans are expected to pay property taxes.
Tribes have the authority to set their own sales taxes and regulate property under their jurisdiction. They may also levy taxes on reservation property that is not in trust status. While tribes themselves are exempt from sales taxes on reservation land, states can collect sales tax from transactions with non-tribal members, even when the purchase occurs on tribal land.
The tax status of tribal casinos is also noteworthy. While tribal casinos are exempt from U.S. taxes, they may pay "gaming exclusivity fees" based on profits to the state for the right to operate.
It is worth mentioning that the relationship between federal, state, and tribal governments can be complex, and there may be instances where state or local taxation applies to certain activities or transactions within reservations. Additionally, the presence of non-Indian owners and users of allotted lands within reservations can further complicate tax and law-and-order jurisdiction.
In summary, Native American tribes have a degree of autonomy in taxation and property ownership, but they still operate within the broader framework of federal and state laws. The specifics of these laws and their application can vary across different reservations and states.
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Citizenship and voting rights
Reservations in the United States are lands reserved for Native Americans, also known as Indian reservations. Native American tribes possess a limited degree of tribal sovereignty and can exercise the right of self-governance, including passing laws, regulating power and energy, creating treaties, and holding tribal court hearings.
The laws within tribal lands may vary from those of the surrounding and adjacent states. For example, casinos are permitted on some reservations located within states that do not allow gambling, thus attracting tourism. In addition, some reservations follow daylight saving time (DST), while the states they are located in do not, leading to time differences within the same state.
In terms of citizenship and voting rights, the situation is complex. While the right to vote in federal and statewide elections in the United States is restricted to citizens, a handful of municipalities have allowed noncitizens to vote in some local elections. For example, the City of Takoma Park, Maryland, became the first municipality in the country to restore noncitizen voting in local elections in 1992. Similarly, voters in San Francisco passed Proposition N in 2016, giving noncitizens the right to vote in the city's school board elections. In 2021, the New York City Council approved a law extending the right to vote in municipal elections to lawful permanent residents and other non-citizens authorized to work in the United States.
However, it is important to note that the majority of states' constitutions mention citizenship when discussing voting rights, and some explicitly state that only citizens have the right to vote. In recent years, there has been a push by Republican lawmakers to pass state legislation requiring proof of citizenship to vote, citing concerns about election security and the surge of migrants entering the country illegally.
While Native American tribes possess a degree of sovereignty, they are still subject to federal law and oversight. The United States government has a "trust responsibility" for indigenous people, which limits the autonomy of tribal governments. In terms of voting rights, federal legislation takes precedence, and noncitizens are not allowed to vote in federal elections. However, tribal sovereignty allows for variations in local laws and voting rights within reservations, which can include expanded voting rights for noncitizens in local elections.
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Crime and punishment
The Major Crimes Act of 1885 and the Juvenile Justice Act of 1938 dictate that most Native American juveniles are transferred to federal custody, even when tribes prefer local charges. This has led to criticism, with some arguing for greater tribal involvement in the justice system. The Tribal Law and Order Act of 2010 addressed this issue, granting tribal courts the power to impose sentences of up to three years, provided certain conditions are met.
Tribal councils also have jurisdiction over alcohol sales on reservations. Under federal law, alcohol sales are prohibited unless permitted by the tribal councils. This is a significant issue, as alcohol-related deaths among Native Americans are much higher than in the general US population, often due to traffic collisions and liver disease. Additionally, gang violence has become a major concern on some reservations, with Native Americans often being targeted by regional Crime Stoppers lists.
To address these issues, the FBI collaborates with tribal police and other law enforcement agencies to investigate and enforce laws related to major crimes like homicide, kidnapping, and drug trafficking. The FBI's Indian Country Law Enforcement Initiative prioritizes improving law enforcement on reservations, and the Violence Against Women Act (VAWA) empowers tribes to tackle violence against Indigenous women and girls.
The punishment for crimes on reservations can vary depending on the specific laws and the severity of the offense. Punishments can range from capital punishment, imprisonment, and fines to forced labor and mutilation, though the latter is less common in modern times. The goal of punishment is not only to deter future crimes but also to reinforce societal values and prevent moral decline, as argued by retributivists.
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Tribal court jurisdiction
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 decides otherwise. Each tribe has its own distinct legal framework, with jurisdiction over its members and the authority to establish its own rules and regulations, including those related to civil and criminal matters.
Tribal members are citizens of their tribe and the US, 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.
Tribal 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.
Tribal courts have jurisdiction over civil and criminal matters involving members of their tribe. If a major crime is committed by two non-Indians, the tribal courts have no jurisdiction (generally, it's state or federal jurisdiction). If it's two Indians (even from another tribe), then local tribal courts have jurisdiction. If it's mixed, tribal courts generally have 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 Native Americans in Indian Country.
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Frequently asked questions
Native American tribes are considered sovereign nations, with the authority to govern themselves and establish their own laws and customs within their reservation borders. However, this sovereignty is not absolute and is dependent on and subordinate to the federal government. Tribal members are also citizens of the US and are subject to federal laws.
Reservations can tweak laws related to casinos and gambling, taxation, environmental control, land use, and licenses. They can also enforce stricter or more lenient laws than those of the surrounding states. For example, they can permit casinos and smoking inside them, which attracts tourism.
The Navajo Nation Reservation follows daylight saving time (DST), while the rest of Arizona does not. Reservations have their own police forces and judicial systems, but the federal government has jurisdiction over major crimes and any legal issue involving the US as a party.
