Does tribal law override state law?
The answer to this question depends on the particular circumstances. Generally speaking, Native American tribes and the federal government recognize the authority of tribal laws within Indian country and the inherent sovereign power of Indian tribes. Some tribes have their own court systems, where tribal law will be applied in most cases. In Washington, tribal law does not generally override state law. If a conflict arises between tribal and state law, then the federal government will work to reconcile the difference. For example, if a matter falls within both tribal and state jurisdiction, then the federal government will speak with the tribe and state to determine who will have primary authority. Tribal and state governments also have the ability to enter into agreements to further define their respective jurisdictions. This allows for indigenous self-governance and establishes forums for direct tribal input in state policies. It is important to remember that tribes are distinct legal entities within the United States, and they have the right to self-governance within their own territories. Although tribal law does not necessarily override state law in Washington, it should still be respected and honored.
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