Does tribal law override state law?

The answer to this question depends on the context of the situation. In New Jersey, tribal law does not override state law. Under the United States Constitution’s Supremacy Clause, federal law is supreme and overrides state law. This includes treaty agreements between tribal governments and the federal government, as well as federal statutes. New Jersey does recognize the sovereignty of the Lenape Nation. The Lenape Nation is the historical nation of Native Americans who lived in what is now New Jersey. The Lenape Nation has self-rule and limited authority to set its own laws, but those laws must be followed by all members of the tribe and all outside parties within the Lenape Nation’s boundaries. The Lenape Nation may pursue legal remedies in state court for violations of tribal laws. In cases with criminal law violations, however, tribal law cannot override state law. In New Jersey, tribal law enforcement cannot make arrests, seize evidence, or investigate suspects. The state must take primary responsibility for such matters and take steps to protect the public safety of all of its citizens. In summary, tribal law does not override state law in New Jersey, but the Lenape Nation is sovereign and respected within its own boundaries. Federal law trumps state law, and federal statutes regarding tribal law must be honored. The state must take primary responsibility for criminal matters and upholding public safety.

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Does tribal law override state law?

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