Does tribal sovereignty supersede federal law?
The answer to the question of whether tribal sovereignty supersede federal law in Texas is “no” - tribal sovereignty is subject to federal law, not the other way around. Federal law is the supreme law of the land, and tribal sovereignty is limited to the extent that it does not interfere with federal law. In Texas, as in other states, Indian tribes have certain powers of self-governance that are recognized by the federal government. This includes the power to enact laws, create tribal governments, and enter into treaties with the United States. Indian tribes also have limited civil and criminal jurisdiction over tribe members and other non-Indians who enter tribal lands. However, this power is limited by federal law. Even when a tribe has exercised its power of self-governance, any tribe action that interferes with federal law is overridden by that law. The Supreme Court has ruled that federal law is the supreme law of the land, which means that it takes precedence over tribal law. This means that even when a tribe has enacted laws or taken other actions, if those laws or actions conflict with federal law, the federal law takes precedence. In other words, tribal sovereignty is subject to federal law, not the other way around. In short, tribal sovereignty does not supersede federal law in Texas. Even though tribes have certain rights and powers of self-governance, those rights and powers are limited by federal law.
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