Does tribal law override state law?

In New York, the answer to this question is both yes and no. Native American tribes have certain rights enshrined in their agreements with the state of New York, and tribal law is used in place of state law for certain circumstances. For example, when it comes to marriage, divorce, and other family law matters, the tribal law of a sovereign Native American tribe may take precedence over and override New York state law. Native American tribes also maintain jurisdiction over crimes committed on Native American reservations, and such cases may be tried in tribal courts instead of New York state courts. However, in most circumstances, state law takes precedence over tribal law. For instance, if a criminal offense is committed outside of a Native American reservation, it is almost always tried and punished under the laws of New York state. In addition, when it comes to civil matters such as contract disputes, the state courts usually have the authority to decide the matter in accordance with New York state law, regardless of any tribal laws that may be in place. In conclusion, while Native American tribes do have certain powers to override state law in certain circumstances, generally speaking, state law takes precedence over tribal law in New York.

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Does tribal law override state law?

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