Tribal Government

I am in support of tribal government and am very happy that the Native tribes have been able to maintain governmental control over their tribes all these years.  I found the online resource titled, US Department of Interior Indian Affairs very helpful in understanding exactly how government is organized between the Native Americans and the United States, as it is not something that has been easy for me to grasp.  The information obtained came from the frequently asked question section.  As noted on the website, “the relationship between federally recognized tribes and the United States is one between sovereigns, i.e., between a government and a government” (U.S. Dept., 2014).  It also explains that at the state level, “federally recognized tribes possess both the right and the authority to regulate activities on their lands independently from state government control.  They can enact and enforce stricter or more lenient laws and regulations than those of the surrounding or neighboring state(s) wherein they are located. Yet, tribes frequently collaborate and cooperate with states through compacts or other agreements on matters of mutual concern such as environmental protection and law enforcement” (U.S. Dept., 2014).  Although, this does help to understand the role of the federal, state, and tribal government, after reading I couldn’t help but wonder or want to read on in the resource as I knew there must be more to it than this.  Where my confusion has lied is how is it that sometimes the United States government is allowed to intervene and have their decisions overrule by the federal or state government?  This especially came to mind after reading Treuer where he writes about the case called Ex Parte Crow Dog.  In this case, “a Lakota man named Crow Dog killed another Lakota named Spotted Tail in 1881” (Treuer, 2012, p.101).  The Tribal leaders made a decision on how to punish Crow Dog for his wrong doings which included taking responsibility for the care of Spotted Tail’s widow and in the end even ruled to have him put to death by hanging.  Crow Dog appealed this decision, hiring a lawyer, and ended in the case being brought to Supreme Court.  In the end he did not have to be put to death by hanging.  Now was it right for the Tribal leaders to put someone to death for their wrong doings?  Well that’s personal opinion and I think in this case is very similar to the death penalty that is sometimes practiced today in our own criminal system.  I personally do not agree with the death penalty so for me I am o.k. with this decision.  However, why is alright for the United States legal system to make such decisions and not the Lakota’s?  This hit home with me is when I read, “there was a public outcry in the United States about Indians getting away with murder; many lawmakers used the sentiment to develop a new policy approach that would strengthen the U.S. government’s power over Indians on tribal land” (Treuer, 2012, p.102).  I feel like it is a double standard.  After reading about this case I wanted to learn more about tribal law.  What I found after reading the online resource is that Public Law 820 is helpful in understanding how federal and state government is allowed to get involved.  Granted this law came into effect in 1953, long after this trial but it is helpful.  It states that congress enacted the law “to grant certain states criminal jurisdiction over American Indians on reservations and to allow civil litigation that had come under tribal or federal court jurisdiction to be handled by state courts” (U.S. Dept., 2014).  Although it is noted that they do have some control over civil litigation, they are not able to “regulate matters such as environmental control, land use, gambling, and licenses on federal Indian reservations” (U.S. Dept., 2014).  This is helpful also as this is how I always understood government control over environment over these types of issues.  

References:

Treuer, Anton.  (2012). Everything You Wanted to Know about Indians But Were Afraid to Ask.  Minnesota:  Minnesota Historical Society Press. 

US Department of Interior Indian Affairs.  Last updated 8/1/14.   Retrieved from:  http://www.bia.gov/FAQs/index.htm.