Does tribal law override state law?
The answer to whether tribal law overrides state law in Oregon depends on the type of law in question. Generally, tribal law can only override state law in areas where Native American tribes have retained inherent sovereignty. In Oregon, tribes have retained some sovereign authority to protect traditional ways of life, manage tribal resources, and provide government services for tribal members. In areas where tribal and state law overlap, the federal Indian Civil Rights Act of 1968 ensures that Native American tribes have the same power to protect the rights of tribal members as states have. This means that if a state law violates the rights of Native American citizens that are protected by the federal Indian Civil Rights Act, then tribal laws will supersede state law. The Oregon Supreme Court has also addressed the question of tribal sovereignty in recent years. In a 2018 case, the court ruled that tribal law can take precedence over state law when the tribes’ interests are “significantly different” from those of the state. The court noted that Oregon’s nine federally recognized tribes have the sovereign right to protect their natural resources, land, and culture, and that they may override state law to do so. In conclusion, tribal law may override state law in Oregon in some circumstances. Most commonly, when state law contradicts the rights of Native Americans protected by the federal Indian Civil Rights Act, or when the tribes’ interests are significantly different from those of the state, tribal law will have precedence.
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