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Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in America. Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward ...
Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), is a United States Supreme Court case deciding that Indian tribal courts have no criminal jurisdiction over non-Indians. [1] The case was decided on March 6, 1978 with a 6–2 majority. The court opinion was written by William Rehnquist, and a dissenting opinion was written by Thurgood ...
Suquamish Indian Tribe, the Supreme Court, in a 6–2 opinion authored by Justice William Rehnquist, concluded that tribal courts do not have jurisdiction over non-Indians (the Chief Justice of the Supreme Court at that time, Warren Burger, and Justice Thurgood Marshall filed a dissenting opinion). But the case left unanswered some questions ...
Tribal courts also have jurisdiction over criminal offenses committed by Native Americans within their territories, including offenses related to drugs, alcohol, and domestic violence. [23] However, tribal courts do not have jurisdiction over non-Native Americans who commit crimes within tribal territories, except in limited circumstances. [24]
United States, 450 U.S. 544 (1981), [8] both cases involving the jurisdiction of a tribal court over non-Indians. Kellahin stated that those cases that allowed a tribe to tax non-Indians were not due to tribal sovereignty, but were connected with the authority of the tribe to regulate who could enter the reservation, in the same manner as a ...
The court noted that in previous Supreme Court rulings, the determination of tribal jurisdiction was based on the tribal membership of the individual, not on his race as an Indian. [49] This meant that double jeopardy attached. [50] The United States then appealed to the Supreme Court, which granted certiorari to hear the case. [fn 13] [53]
Suquamish Indian Tribe, 435 U.S. 191 (1978), the tribal court had no jurisdiction over non-Indians. If the district court were to find that the tribal court had jurisdiction over Indians who were not members of the tribe, it reasoned that would violate the equal protection guarantee of freedom from discrimination based on race.
Martinez, 436 U.S. 49 (1978), was a landmark case in the area of federal Indian law involving issues of great importance to the meaning of tribal sovereignty in the contemporary United States. The Supreme Court sustained a law passed by the governing body of the Santa Clara Pueblo that explicitly discriminated on the basis of sex. [1]