Do Native American laws override state laws?

No, Native American laws do not override state laws in Utah. Native American laws and tribal governments are separate and unique entities from the state and federal governments. Native American laws are developed by the tribes themselves and are recognized by the federal government as sovereign entities. This means that the tribes are able to self-govern and make their own laws, however these laws do not automatically override state and federal laws. The US Supreme Court has consistently held that Native American tribes are not exempt from state and federal laws, except in very limited cases. As a result, if there is a conflict between a Native American tribal law and a state or federal law, the state or federal law will generally take precedence over tribal law. This is because of the principle of preemption, which states that when a state or federal law addresses the same subject matter as a Native American law, the state or federal law takes precedence. Therefore, Native American laws may not be enforced when they are in conflict with state or federal laws. In Utah, the state government has much greater authority over Native American affairs than other states do. Additionally, the Utah Supreme Court has held that Native American laws may not conflict with state laws. For example, a tribe in Utah cannot establish gambling operations that conflict with state gaming laws. It is important to note that while state and federal laws generally take priority over Native American laws, this does not mean that Native American tribes are not entitled to self-government. They are still able to maintain a degree of autonomy and have significant influence in areas such as water rights, land use, and hunting and fishing rights.

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