Do Native American laws override state laws?
The answer to the question "Do Native American laws override state laws?" in the state of New Jersey is complicated. In general, Native American laws are only applicable within Indian Country, which includes the tribal lands of federally-recognized Native American tribes. Those tribal lands are sovereign, meaning they are their own independent nations and separate from state or federal jurisdictions. This means that Native American laws have jurisdiction over the tribal lands, which are not subject to state or federal laws. Outside of Indian Country, however, state laws are generally viewed as having precedence. This means that Native American laws do not override state laws; rather, state laws generally supersede Native American laws. For example, if a Native American law and a state law conflict, the state law will likely take priority. The Supreme Court has held that Native American tribes are subject to the jurisdiction of state and federal laws, even when dealing with matters that involve the exercise of tribal rights. Overall, Native American laws may be limited outside of their tribal lands and are mostly applicable within Indian Country. Any conflicts between Native American and state laws are ultimately resolved on a case-by-case basis with state laws typically taking precedence.
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