Do Native American laws override state laws?
The answer to this question is both yes and no. Generally, Native American laws are determined by the individual tribes, rather than by state law. In North Carolina, Native American tribes are subject to both federal and state law. However, they also have the power to create their own laws governing their own people and land that are specific to their tribe. These tribal laws have the power to override state law, as long as the tribal law does not conflict with federal law. For example, tribes in North Carolina have the right to create their own laws regarding criminal justice. This means that in some cases, tribal laws could override state law, as long as they are not in direct conflict with federal law. This is because the federal government respects the sovereignty of tribes, and recognizes them as independent nations with the right to govern their own people and lands. That being said, it is important to note that tribal laws are not necessarily absolute, as they are still subject to both federal and state law. For example, if a tribal law violates a federal law, the federal law would take precedence. So, while Native American laws can and do override state laws in certain situations, this is not always the case, and ultimately, the decision of whether or not a tribal law overrides state law rests in the hands of both the tribal court and the federal court.
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