Can tribes pass their own laws?
Yes, tribes in North Carolina can pass their own laws. This power is limited by tribal sovereignty and by the U.S. Constitution, federal law, and North Carolina law. Under the Indian Reorganization Act of 1934, Congress granted tribes in the United States the authority to pass their own laws. Tribes in North Carolina may also pass laws as allowed under the Indian Civil Rights Act, which guarantees certain civil rights for American Indians and Alaska Natives. Tribes have the right to pass laws covering a range of subjects, including issues such as land disputes, hunting and fishing, taxation, and tribal membership. In North Carolina, tribal laws have the same effect as state laws, but they are not enforced by the state. Therefore, if a tribal law is violated, the tribe must resolve the issue through its own system of justice. This includes the creation of laws, the enforcement of those laws, and the overseeing of tribal court proceedings. However, the power of tribal law is not absolute. Tribes must generally comply with federal law, and when there is a conflict between federal law and tribal law, the federal law usually takes precedence. Additionally, states may assert their police power to protect public safety, welfare, and morals within their boundaries. In conclusion, tribes in North Carolina have the authority to create and enforce their own laws, which are legally binding, and are subject to the limits imposed by the federal and state governments.
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