Does tribal law override state law?

The answer to this question depends on the circumstances and which Tribe is involved. In the state of California, Native American Tribes are federally recognized, meaning the United States government has acknowledged their independence and the authority of their government. This means that Tribal Law is the primary source of law for crimes and misdemeanors that take place within the boundaries of a Tribe’s reservation. State law may not override Tribal Law in cases that are within the jurisdiction of a Tribe. However, there are some cases when California state law can override Tribal Law. For example, if there is a conflict between a Tribal Law and a state law, the state law will be enforced on a reservation unless it violates the Indian Civil Rights Act of 1968. In addition, California state law takes precedence over Tribal Law when it comes to areas such as civil rights, civil liberties, tax laws, and public safety. Despite the potential conflicts between Tribal Law and state law, the state of California works with the Tribal government and Indian communities to ensure that Tribal Law is respected and respected respective rights are addressed. For example, the California Department of Justice has worked with the Native American tribes to provide training and resources to Tribal police departments and to help resolve criminal matters with the Tribe’s agreement. In general, the state of California and Native American Tribes work together to ensure that Tribal Law is respected and that the rights of both parties are observed.

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Does tribal law override state law?

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