Does tribal law override state law?

When it comes to tribal law versus state law, it is complicated and not always clear. In the state of Washington, tribal law does have certain authority over state law when it pertains to particular issues. First and foremost, Native American tribes in Washington have authority over their own members on their reservation land. This means that tribal law applies as it relates to civil matters, such as marriage and divorce, and also criminal matters. This authority of tribal law is granted by the U.S. Constitution, which states that Native American tribes have the right to "exercise governmental power over the tribe’s own members" on their reservations. In addition, if there are legal matters between a tribal member and a non-tribal member, the federal Indian Civil Rights Act grants certain authority to tribal governments. For example, the Act grants tribes the power to impose punishments, such as fines or imprisonment, on non-tribal members who are found guilty of a crime on tribal land. Overall, Native American tribes in Washington can exercise authority over state law in certain circumstances. This authority comes from the U.S. Constitution and federal laws, such as the Indian Civil Rights Act, which protect tribal sovereignty and grant tribes the right to govern their own members.

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