Does tribal sovereignty supersede federal law?

Yes, tribal sovereignty supersedes federal law in Oklahoma. This is due to the unique government-to-government relationship between the federal government and tribal nations. In 1831, the Supreme Court of the United States established the federal policy of “tribal sovereignty” which recognizes “the legal independence of tribal nations”. This policy granted tribes the right to govern themselves and also limits the power of the federal government to intervene in tribal matters. Since then, tribal governments in Oklahoma have had the power to enact their own laws, establish their own court systems, collect their own taxes, and manage their own resources. With this in mind, it is important to note that federal laws do not always supersede those of the tribal government. For example, tribal governments are not obligated to follow federal labor laws, such as the minimum wage or workplace safety regulations. Likewise, tribal governments have the ability to enact their own laws regarding public safety, education, and health care. In Oklahoma, the government-to-government relationship between the federal government and tribal governments is further recognized through various agreements and statutes. These agreements provide the framework for how the two governments interact and ultimately recognize the primary authority that tribal governments have to make and enforce their own laws. As such, tribal sovereignty does indeed supersede federal law in Oklahoma.

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Does tribal sovereignty supersede federal law?

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