Does tribal law override state law?

The answer to this question depends largely on the specific circumstances and tribal nations involved. Generally speaking, Native American law in New Jersey is subject to the laws of the state. This means that, while Native American nations can craft their own laws, they must abide by the overarching laws of the state. However, there are situations in which tribal law does have precedence over state law. These cases usually involve federal laws, as the United States government has the authority to make treaties with Native American nations. When a treaty exists, the treaty provisions are usually binding on both the state and the Indian nation. This means that, if a treaty grants a tribe certain rights, the state must recognize those rights, even if they conflict with state laws. Also, if the federal government has recognized a tribe as having a certain degree of self-governance, then that tribe may have the authority to create laws that supersede state laws. In most cases, however, the federal government only recognizes a tribe’s right to self-governance when the tribe has an established government that has been recognized by the federal government. In summary, Native American nations in New Jersey generally have to follow the laws of the state. In certain cases, however, tribal law can override those of the state when a treaty exists or if a tribal nation has been granted significant self-governance.

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