Native Peoples Law
American Indian and Alaska Native laws involve the legal practice of dealing with issues affecting Native peoples of the United States. This includes how tribal laws interact with federal and state laws. Native American law involves a blend of historical and contemporary legal challenges for Indigenous communities. These include empowering Native communities to self-govern, protecting heritage, and building sustainable futures. This article provides an overview of Native Peoples law, history, and current concerns.
These issues concern tribal lands, preserving natural resources, tribal sovereignty, and tribal justice. If you have a question or concern about Native law, contact a Native Peoples law attorney who can offer legal advice, review your concerns, and represent you in federal court cases.
Overview of Native Peoples Law
The legal landscape of American Indian law goes back to the first interactions with non-Native peoples. This goes to the treaties made and often broken by the U.S. government. These practices lead to significant losses of life, land, and cultural heritage for many tribes.
Many of these communities still grapple with issues stemming from those early violations. Indigenous law issues include:
- Preserving tribal lands
- Maintaining sovereignty
- Protecting natural resources
- Advocating for better health care
- Access to technology
- Education rights
- Access to justice
- Enforcing laws that protect cultural and sacred sites
Official terms used for the indigenous people vary. According to the Bureau of Indian Affairs (BIA), most tribal nations prefer the term American Indian and Alaska Native. Native Americans are also appropriate. In Hawaii and Alaska, people use the terms Native Hawaiians and Alaska Natives.
Federal, State, and International Law
From 1778 to 1871, the United States government and Native Americans made legal agreements through treaties. From 1871 to the present, executive orders and acts of Congress have carried out official relations with Native tribes.
Native Peoples law addresses the unique sovereign rights of Indigenous communities in the United States and North America. These communities face ongoing challenges in authority over tribal lands and resources. One of the major hurdles is the constant negotiation between federal and tribal governments. This can lead to jurisdictional disputes that impede self-governance.
There are also tribal laws within Native American sovereign nations. Tribal laws are based on tribal constitutions, councils, oral traditions, and other sources. However, tribal law and tribal courts do not typically extend to non-Native people on Native American lands.
The relationship between Native American tribes and the U.S. government is sovereign-to-sovereign. Each is a separate government. In practice, this means that the Native American nations govern themselves. However, they are also ultimately subject to federal authority.
Native American nations are independent from states. Tribes may enact stricter or more lenient laws than state laws. They deal with a state as another sovereign entity. States and tribes may work together on laws and regulations where the tribe and state have overlapping interests. These include states with large Native populations like Alaska, Oklahoma, New Mexico, and South Dakota.
Federal Recognition of Tribes
While the U.S. considers Native tribes sovereign nations, U.S. law also considers them domestic and dependent. The U.S. government must formally recognize a Native American tribal group before it is a sovereign nation. As of January 8, 2024, there are currently 574 federally recognized tribes.
Other federal laws affecting Native Americans include:
- The Indian Child Welfare Act
- The Indian Civil Rights Act
- The Indian Reorganization Act of 1934
Sometimes, a state may recognize a tribe when the federal government does not. Factors in recognition may include tribal, Native tribal government control, and political control of the tribe.
Gaming and Casinos
Native American nations and state governments often dispute gaming and casinos. States have argued they have the power to regulate Native American gaming. In 1987, the Supreme Court ruled that if a state permitted gaming, then tribes could run their own gaming operations. Gaming can operate without being subject to state regulations.
Congress enacted the Indian Gaming Regulatory Act in 1988. This established the National Indian Gaming Commission. The Commission is the federal agency that regulates Native American gaming.
Tribal Broadband Connectivity Program
High-speed internet is necessary for modern communication and education. However, American Indian and Alaska Native communities often have lesser access to broadband. The Federal Communications Commission and other federal agencies are supporting broadband access on Indian lands. Funds can support building infrastructure, providing affordable broadband services, supporting distance education, and facilitating telehealth services.
Get Legal Help Today
Native Peoples law highlights the determination of Natives as they strive to uphold their rights and preserve their way of life. This can sometimes clash with a rapidly changing modern world. For answers to your specific questions and legal advice, contact a Native Peoples law lawyer.