Does tribal sovereignty supersede federal law?
No, tribal sovereignty does not supersede federal law in New Jersey. This is because the U.S. Constitution considers Native American tribes to be “domestic dependent nations” and not independent countries. As a result, the United States has exclusive authority over federal law in relation to Native American tribes, which means that tribal laws must fall in line with federal laws. Native American tribes in New Jersey have the right to establish their own laws and regulations related to their internal affairs, such as tribal membership and residency, as well as criminal justice matters. However, the U.S. Supreme Court has held that even in cases where Native American tribes have retained their sovereignty, federal laws will generally override tribal laws when there is a conflict. This means that if a Native American tribe in New Jersey were to enact a law that conflicted with federal law, federal law would prevail and the tribal law would be deemed invalid. Despite tribal sovereignty not superseding federal law in New Jersey, Native American tribes are still eligible to receive protection from the U.S. government. This includes recognition of their land and property, as well as protection from any form of discrimination or disadvantage. The federal government also works in partnership with Native American tribes to promote economic and social development, and tribal governments may still be able to enact laws in areas that do not conflict with federal laws.
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