Does tribal sovereignty supersede federal law?
Tribal sovereignty is a complex legal concept, but the short answer is yes, tribal sovereignty can supersede federal law in certain cases. This is because when the United States created treaties with Native American tribes in the 18th and 19th centuries, the federal government recognized that these tribes were independent nations with their own laws and customs. As such, the federal government agreed to protect and respect the sovereignty of these tribes. In Washington, this means that the federal laws that generally apply in the United States do not always apply on reservations. Instead, certain federal laws and decisions can be superseded by tribal laws and decisions. This includes laws related to taxation, environmental protection, hunting and fishing rights, and other matters that are generally regulated by the federal government. It is important to note, however, that not all tribal laws automatically supersede federal law. In some cases, a federal court must determine which law should prevail if they are in conflict. This means that the legal status of tribal sovereignty is not absolute and that both the federal government and Native American tribes must work together to ensure their mutual interests are respected.
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