Does tribal law override state law?
Tribal law in Oklahoma can sometimes override state law, but this depends on the specific situation. Generally, state law will take precedence where non-native people are involved in a dispute or offense. However, when a conflict involves enrolled members of a federally recognized Native American tribe, tribal court systems can handle the situation and issue legal orders that, if necessary, override state law. For example, if a Native American commits a crime on tribal land, the tribe can judge and sentence the person according to its own laws. This is because the United States Congress grants tribes certain forms of jurisdiction and authority that enable them to govern themselves, including the power to handle criminal and civil cases that occur within their borders. This is known as the "inherent sovereignty" of tribes and serves as the foundation of tribal law. At the same time, the US Constitution gives some powers to states, so these state governments can pass their own laws and regulations. This means that, while a tribal court can impose its own laws and override state law in certain situations, state law will still have precedence in typical cases. It is important to note, however, that the US Supreme Court can sometimes step in to decide if a tribal court ruling is in line with US law.
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