Does tribal sovereignty supersede federal law?
Tribal sovereignty, or the right of Native American nations to self-govern, is an important part of Native American law and the relationship between tribes and the United States. In California, as in the rest of the United States, tribal sovereignty is recognized by both federal and state governments. In general, federal law trumps tribal sovereignty in most matters. This means that when a conflict arises between federal law and tribal sovereignty, the federal law will be applied. However, the federal government does recognize the validity of tribal law in certain areas, such as criminal and civil laws that are specific to a tribe’s governance. These laws are respected by both the federal and state governments, as long as they don’t conflict with any federal laws. It’s important to note that tribal sovereignty and federal law are two separate legal systems. In California, tribal sovereignty cannot be overruled by federal law. Additionally, tribes also have the right to enter into treaties and agreements with the federal government. These treaties are legally binding and must be respected by both parties. In conclusion, tribal sovereignty is an important part of Native American law and the relationship between tribes and the United States. Federal law does generally trump tribal sovereignty, but there are areas where the federal government acknowledges and respects tribal law. Additionally, tribes can enter into treaties with the federal government that are legally binding.
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