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Tribal court. Independent tribal courts are judicial systems that are established and operated by Native American tribes within the United States. [1] These courts are separate from the federal and state court systems and are designed to handle legal matters within the tribe's jurisdiction. The purpose of independent tribal courts is to provide ...
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 ...
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 ...
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
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]
Nevada v. Hicks, 533 U.S. 353 (2001), is a United States Supreme Court case regarding the jurisdiction of Tribal Courts when state officials are sued by tribal members in tribal court. [1] The Supreme Court unanimously decided that Tribal courts lack jurisdiction to decide tort claims or § 1983 [2] claims related to State law enforcement's ...
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 ...
Santa Clara Pueblo v. 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 ...