Indian Reservations: Understanding Applicable Laws And Jurisdictions

The laws that apply on Indian reservations in the United States are tribal laws and federal laws. While tribal laws cover the inner workings of specific tribes, federal Indian laws govern the relationship between tribes and federal and state governments. Each tribe has its own laws and government, structured similarly to the federal three-branch system. For instance, a tribe may have an executive division, a legislature, and a judicial branch. Tribal laws are developed by tribes or Indian nations and apply to their members and individuals within tribal territories.

On the other hand, federal Indian laws determine the powers of tribal governments. The Tribal Law and Order Act of 2010, for example, enhances tribes' authority to prosecute and punish criminals, and provides additional tools and access to resources to address public safety needs.

Tribal laws are distinct from federal laws

In the United States, tribal law is distinct from federal law. While federal Indian laws govern the relationship between tribes and federal and state governments, tribal laws cover the inner workings of specific tribes. Each tribe has its own laws and government, which are structured similarly to the federal three-branch system. For example, a tribe may have an executive division (headed by a governor, president, or chief), a legislature (a tribal council), and a judicial branch (a tribal court).

Tribal laws are developed by tribes or Indian nations and apply to their members and individuals within their territories. They are not published in a consolidated resource, so it can be challenging to find them. However, in recent years, tribes, universities, and libraries have worked to make these legal materials more accessible. A good starting point for researchers new to studying tribal law is the National Indian Law Library's Tribal Law Gateway, which provides links to legal resources organised by tribe and material type, such as codes, constitutions, and court opinions.

The concept of tribal sovereignty in the United States recognises the inherent authority of Indigenous tribes to govern themselves within the country's borders. The U.S. federal government recognised American Indian tribes as independent nations and entered into policy agreements with them via treaties. The U.S. Constitution mentions Native American tribes three times, acknowledging their separate status from the federal government, the states, and foreign nations.

Today, the U.S. recognises tribal nations as "domestic dependent nations" and defines the relationship between federal, state, and tribal governments through its legal system. There are over 570 federally recognised tribes across the country, each with its own unique laws and government.

On federal Indian reservations, federal and tribal laws apply to members of the tribe unless Congress provides otherwise. Tribal courts are courts of general jurisdiction, operating within federal Indian law and under the jurisdiction conferred by tribal law. Most tribes now maintain tribal court systems and facilities to detain tribal members convicted of certain offences within the boundaries of the reservation.

Tribal laws are ignored by the US legal system

In the United States, tribal laws are often ignored by the country's legal system. While federal Indian laws govern the relationship between tribes and federal and state governments, tribal laws govern the inner workings of specific tribes. Each tribe has its own laws and government, structured similarly to the federal three-branch system. However, despite the existence of over 570 federally recognised tribes, their laws are not published in a consolidated resource, making them challenging to locate.

Elizabeth Reese, Stanford Law School's first Native American professor, highlights how US legal institutions systematically overlook the legal structures created by tribal governments. She points out that tribal governments and their laws have been marginalised, dismissed, and delegitimised by colonial powers, including the United States, as part of their assertion of superior claims to govern the same territory. This marginalisation has resulted in a loss of knowledge and opportunities for mutual learning between tribal and mainstream legal systems.

In law schools, the focus is primarily on federal Indian law or "Indian law," which includes federal laws determining tribal governments' powers. Tribal law, the laws actually created by tribes, is often ignored in favour of US federal court decisions and congressional statutes. This dynamic perpetuates the erasure and invisibility of tribal laws and governments, contributing to a lack of awareness and understanding in the broader legal landscape.

Furthermore, tribal law is often treated poorly in federal, state, and local courts. While federal courts have a well-established system for addressing state law, they often fail to defer to tribal courts or consider their qualifications when dealing with tribal law. This dynamic perpetuates the marginalisation of tribal legal systems and contributes to a lack of recognition for tribal sovereignty.

The US legal system's treatment of tribal law has resulted in a sense of invisibility, confusion, and insult among tribal members. It also highlights the colonial mindset that continues to shape how tribal governments and their laws are perceived and treated in the United States.

Tribal laws are developed by tribes or Indian nations

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. Tribal laws cover the inner workings of specific tribes, while federal Indian laws govern the relationship between tribes and federal and state governments.

The tribal council generally has jurisdiction over the reservation, not the U.S. state it is located in, but is subject to federal law. Court jurisdiction in Indian country is shared between tribes and the federal government, depending on the tribal affiliation of the parties involved and the specific crime or civil matter.

The Assimilative Crimes Act, a federal law, makes any violation of state criminal law a federal offense on reservations. Most tribes now maintain tribal court systems and facilities to detain tribal members convicted of certain offenses within the boundaries of the reservation.

With over 570 federally recognized tribes across the United States, it can be challenging to find tribal laws, as they are not published in a consolidated resource. However, in recent years, tribes, universities, and libraries have worked to make these legal materials more accessible. The National Indian Law Library's Tribal Law Gateway is a good starting point for researchers new to studying tribal law. This website provides links to legal resources organized by tribe and material type, such as codes, constitutions, and court opinions.

Tribal laws apply to members and individuals within tribal territories

Tribal laws are developed by tribes or Indian nations and apply to their members and individuals within tribal territories. Each tribe has its own laws and government, which are structured similarly to the federal three-branch system. For example, a tribe may have an executive division (headed by a governor, president, or chief), a legislature (a tribal council), and a judicial branch (a tribal court).

Tribal laws cover the inner workings of specific tribes, while federal Indian laws govern the relationship between tribes and the federal and state governments. As such, tribal laws can vary from those of the surrounding and adjacent states, and tribal councils generally have jurisdiction over reservations, not the U.S. state in which they are located.

Tribal laws are often overlooked or marginalized by the U.S. legal system, which primarily recognizes federal and state laws. This marginalization stems partly from colonial powers dismissing and delegitimizing tribal governments and their laws to assert their own superior claims to govern the same territory.

However, tribal laws are crucial in governing the conduct of tribal members and individuals within tribal territories, encompassing various aspects of daily life, such as trash disposal, firearm ownership, and speed limits. Recognizing and respecting tribal laws is essential for normalizing the inclusion of tribal legal systems in the broader legal landscape of the United States.

Tribal laws vary from state laws

In the United States, tribal laws are distinct from federal and state laws. While federal Indian laws govern the relationship between tribes and federal and state governments, tribal laws cover the inner workings of specific tribes. Each tribe has its own laws and government, structured similarly to the federal three-branch system. For example, a tribe may have an executive division (headed by a governor, president, or chief), a legislature (a tribal council), and a judicial branch (a tribal court).

Tribal laws are developed by tribes or Indian nations and apply to their members and individuals within tribal territories. There are over 570 federally recognized tribes across the United States, each with its own unique laws. As such, it can be challenging to locate and access tribal laws, as they are not published in a consolidated resource.

On federal Indian reservations, tribal laws apply to members of the tribe, along with federal laws, unless Congress provides otherwise. This means that state laws generally do not apply to Indians in Indian country. This distinction has led to variations in laws between tribal lands and the surrounding states. For example, tribal laws can permit casinos on reservations located within states that do not allow gambling, thus attracting tourism.

The tribal council generally has jurisdiction over the reservation, rather than the state in which it is located, but is still subject to federal law. Court jurisdiction in Indian country is shared between tribes and the federal government, depending on the specific crime or civil matter and the tribal affiliation of the parties involved.

The Tribal Law and Order Act, signed into law in 2010, enhances tribes' authority to prosecute and punish criminals and provides additional tools to address critical public safety needs. It encourages the hiring of more law enforcement officers for Indian lands and grants BIA and tribal police officers greater access to criminal information-sharing databases.

The differences between tribal laws and state laws highlight the unique legal landscape within Indian country, where tribal sovereignty and self-governance are recognized.

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