Can tribes pass their own laws?

In New Hampshire, the answer to the question of whether tribes can pass their own laws is yes. This right of sovereignty is granted to tribes under the United States Constitution and is recognized in New Hampshire. The tribes have the right to pass laws that regulate the internal affairs of their reservations, including taxation, zoning, and criminal laws. The New Hampshire Native American Tribal Council is a legislative body that has the power to create laws for all three Native American reservations in the state: the Abenaki Indian Tribe of NH, the El Nu Abenaki Tribe, and the Nipmuc Nation. The Council consists of elected representatives from each of the reservations and is tasked with protecting the rights of the Tribes. The laws passed by the Tribal Council are usually related to issues like taxation, health, education, and cultural development. The Council can also pass laws that require the state and municipalities to acknowledge the rights of the Tribes, such as fishing and hunting rights. Although the Tribes can pass their own laws, they have to be aware of the state laws as well. For example, the state law that requires drivers to have a valid license overrides any tribal law that might permit someone to drive without one. Ultimately, the Tribes have authority over their reservations and are able to pass laws that ensure the rights and protection of their members.

Related FAQs

What is the Indian Gaming Regulatory Act?
What is the Indian Gaming Regulatory Act?
What are the benefits of tribal sovereignty?
Does tribal law override state law?
What is the Native American Rights Fund?
Does tribal law override state law?
What is the tribal consultation process?
What is the Indian Child Welfare Act?
What rights do Native Americans have under the law?
What protection do Native Americans have under U.S. law?

Related Blog Posts

How Native American Law Impacts Tribal Sovereignty - July 31, 2023
Understanding the Indian Self-Determination and Education Assistance Act - August 7, 2023
5 Benefits of Tribal Participation in Federal Indian Law - August 14, 2023
What to Consider When Entering Into an Indian Country Jurisdiction - August 21, 2023
How To Draft an Enforceable Tribal Law - August 28, 2023