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These constitutional provisions, and subsequent interpretations by the Supreme Court (see below), are today often summarized in three principles of U.S. Indian law: [10] [11] [12] Territorial sovereignty: Tribal authority on Indian land is organic and is not granted by the states in which Indian lands are located.
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 states only have jurisdiction over cases involving the adoption and custody of Indian children not domiciled in Indian country. [43] In probate cases, states have jurisdiction regarding cases of non-trust estates of Indians who died while they were domiciled outside of Indian country and also in cases dealing with any land outside of Indian ...
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]
Cherokee Nation v. Georgia (1831), 30 U.S. (5 Pet.) 1 (1831), was a landmark United States Supreme Court case. The Cherokee Nation asked the Court to stop Georgia from enforcing state laws that took away their rights within the Cherokee territory.
The Supreme Court reversed. Justice White noted "Accepting the premise of the Court of Appeals that the case was essentially a possessory action, we are of the view that the complaint asserted a current right to possession conferred by federal law, wholly independent of state law." [2] The Court distinguished Taylor v. Anderson on these grounds
McGirt v. Oklahoma, 591 U.S. ___ (2020), was a landmark [1] [2] United States Supreme Court case which held that the domain reserved for the Muscogee Nation by Congress in the 19th century has never been disestablished and constitutes Indian country for the purposes of the Major Crimes Act, meaning that the State of Oklahoma has no right to prosecute American Indians for crimes allegedly ...
Oneida Indian Nation of New York, 544 U.S. 197 (2005), was a Supreme Court of the United States case in which the Court held that repurchase of traditional tribal lands 200 years later did not restore tribal sovereignty to that land.