Native American law

Native American law
Name	Native American law
Region	North America

Contents

Native American law is the body of United States federal, state, and tribal legal principles governing relations among the United States Constitution, the United States Congress, tribal nations such as the Cherokee Nation, the Navajo Nation, and states such as California and Oklahoma. It encompasses treaties like the Treaty of Canandaigua, statutes such as the Indian Reorganization Act of 1934, and judicial decisions from the United States Supreme Court and lower tribunals including the United States Court of Appeals for the Federal Circuit and the United States District Court for the District of Columbia. The field intersects with institutions such as the Bureau of Indian Affairs, the Department of the Interior, and advocacy organizations including the Native American Rights Fund and the National Congress of American Indians.

History

The historical development draws on early contacts such as the Treaty of Fort Laramie (1868), colonial-era instruments like the Royal Proclamation of 1763, and expansion-era events including the Trail of Tears and the Indian Removal Act of 1830. Key 19th-century doctrines emerged in cases such as Johnson v. M'Intosh and Worcester v. Georgia, while federal policy cycles shifted through eras exemplified by the Allotment and Assimilation period, the Indian Reorganization Act of 1934, and the Termination policy of the 1950s. Postwar developments involved legislation such as the Indian Civil Rights Act of 1968 and activism exemplified by the Occupation of Alcatraz and the Wounded Knee incident (1973), influencing later statutes like the Indian Self-Determination and Education Assistance Act of 1975.

Primary sources include treaties such as the Treaty of Greenville (1795), statutes like the Indian Gaming Regulatory Act, and constitutional provisions of the United States Constitution. Administrative sources include rules from the Bureau of Indian Affairs and decisions of the Interior Board of Indian Appeals, while adjudicatory sources include opinions from the United States Supreme Court, the United States Court of Appeals for the Ninth Circuit, and tribal courts such as the Navajo Nation Supreme Court. International instruments and decisions, exemplified by the United Nations Declaration on the Rights of Indigenous Peoples, also shape doctrinal interpretation pursued by actors such as the United Nations Permanent Forum on Indigenous Issues.

Tribal sovereignty rests on precedents like Cherokee Nation v. Georgia and Worcester v. Georgia, and is operationalized through entities such as the Cherokee Nation, the Sault Ste. Marie Tribe of Chippewa Indians, and the Confederated Tribes of the Colville Reservation. Interplay with federal powers arises under the Commerce Clause and statutes including the Indian Reorganization Act of 1934, while state interactions occur in contexts like the Oklahoma Indian Welfare Act and compacting processes exemplified by gaming compacts with a state such as Nevada. Disputes often reach forums such as the United States Supreme Court and administrative venues like the Bureau of Indian Affairs.

Criminal authority is shaped by statutes and decisions including Public Law 280, the Major Crimes Act, and cases such as Oliphant v. Suquamish Indian Tribe and Duro v. Reina. Public Law 280 transferred jurisdiction to states including California and Alaska in certain circumstances, while federal statutes such as the Violence Against Women Act reauthorization provisions and the Tribal Law and Order Act of 2010 modified jurisdictional arrangements. Enforcement involves agencies such as the Federal Bureau of Investigation and tribal police forces like the Navajo Nation Police Department, and disputes often arise in the United States Court of Appeals for the Ninth Circuit and tribal appellate bodies.

Civil regulatory authority includes land use, taxation, and licensing within reservations such as the Pine Ridge Indian Reservation and the Standing Rock Indian Reservation, influenced by cases such as Montana v. United States and statutes like the Indian Gaming Regulatory Act. Tribes regulate economic activity through enterprises like the Mni Wiconi Project and gaming operations run by the Mashantucket Pequot Tribe, often negotiating compacts with states including Connecticut and agencies like the National Indian Gaming Commission. Environmental regulation engages laws and bodies such as the Clean Water Act, the Environmental Protection Agency, and litigation before the United States District Court for the District of Columbia.

Current debates involve reform proposals from entities such as the Department of the Interior, legislative initiatives in the United States Congress, and advocacy campaigns by groups including the Native American Rights Fund and the National Congress of American Indians. Topics include tribal jurisdictional reforms addressing cases like McGirt v. Oklahoma, protection of sacred sites such as Bear Ears National Monument, enhancement of tribal child welfare under the Indian Child Welfare Act, and economic development through instruments like the Indian Gaming Regulatory Act. Other contested areas involve environmental justice claims before the Environmental Protection Agency, voting-rights litigation in forums such as the United States Court of Appeals for the Tenth Circuit, and land-claims litigation tracing back to treaties like the Treaty of Fort Laramie (1868).

Category:Law of the United States