Tribal Jurisdiction & Federal Law Quiz
Explore the legal complexity of tribal lands (10 questions).
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Tribal Jurisdiction & Federal Law Quiz: Quick Study Notes
Understanding tribal jurisdiction and federal Indian law is crucial for grasping the unique political and legal landscape of Native American nations within the United States. This quiz explores the complex interplay of tribal sovereignty, federal authority, and state powers over lands and individuals in Indian Country.
Inherent right of tribes to govern themselves, recognized as distinct political entities.
A unique legal and moral obligation of the U.S. government to protect tribal lands, resources, and self-governance.
The intricate overlapping of federal, state, and tribal laws, creating a “checkerboard” of authority across Indian Country.
A specific legal term identifying areas where federal and tribal laws typically apply, including reservations, dependent communities, and allotments.
Key Takeaways
- Native American tribes possess inherent sovereignty, predating the U.S. Constitution, which is recognized but limited by federal law.
- The U.S. federal government maintains a “trust relationship” with tribes, meaning it has a duty to protect tribal interests.
- Federal statutes and treaties are the primary sources of law governing tribes, not state laws.
- Supreme Court decisions like Worcester v. Georgia (1832) affirmed tribal sovereignty, while Oliphant v. Suquamish Indian Tribe (1978) limited tribal criminal jurisdiction over non-Natives.
- Public Law 280 grants some states specific criminal and civil jurisdiction over Indian reservations within their borders.
- “Indian Country” is a federally defined legal term specifying geographic areas where federal and tribal jurisdiction predominantly applies.
- “Checkerboard jurisdiction” refers to the mixed jurisdictional landscape on reservations due to varied land ownership (trust, fee, allotted) and differing federal, state, and tribal authorities.
Frequently Asked Questions
What is tribal sovereignty?
Tribal sovereignty refers to the inherent authority of Native American tribes to govern themselves. It means tribes have the power to form their own governments, enact laws, establish courts, and manage their lands and resources, subject to limitations imposed by federal law.
What is the “federal trust relationship” with tribes?
The federal trust relationship is a unique legal and moral obligation of the U.S. government to protect the lands, resources, self-government, and well-being of Native American tribes. It implies a duty of protection and special services.
What is “Indian Country”?
“Indian Country” is a legal term defined by federal statute (18 U.S.C. § 1151) that describes the geographic areas where federal and tribal jurisdiction generally apply. It includes all land within Indian reservations, dependent Indian communities, and Indian allotments.
How does Public Law 280 affect tribal jurisdiction?
Public Law 280 (1953) transferred criminal and, in some cases, civil jurisdiction over offenses committed by or against Native Americans in Indian Country to certain states. This means in P.L. 280 states, state courts often share or have primary jurisdiction where federal and tribal courts might otherwise preside.
Can tribal courts prosecute non-Native Americans?
Generally, no. The U.S. Supreme Court’s 1978 decision in Oliphant v. Suquamish Indian Tribe ruled that tribal courts do not possess inherent criminal jurisdiction over non-Native Americans, even for crimes committed on tribal lands. Federal or state authorities typically handle such cases.
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