English Deutsch Français Italiano Español Português 繁體中文 Bahasa Indonesia Tiếng Việt ภาษาไทย
All categories

What kind of legislation federally recognizes Indian tribes? I need help, pleeeease.

2007-02-27 15:12:33 · 2 answers · asked by scornell_7 2 in Politics & Government Law & Ethics

2 answers

Depends on jurisdiction. In Canada, see Charter of Rights and Freedoms, esp. s. 15, 25 and others. See also analysis of Delgamuukw, a Supreme Court of Canada decision that changed the course of the way we admit and view evidence in cases involving First Nations: http://sisis.nativeweb.org/clark/feb2098del.html. The author is a highly respected First Nations lawyer, Sharon Venn.

In the U.S., there are also const'l, federal and state laws affecting tribal law. For the best overview, read the decision of the U.S. Supreme Court in Seminole, a fasinating tribe in Florida (where Anna Nicole Smith died, actually) that fought The Good Fight - played by all the rules - worked each level of gov't - and still ended up with a judgment that said Congress was not at liberty to enact the legal concession Seminole had worked endlessly to effect in order to further aboriginal opportunities. It remains a very controversial decision, one that was rendered by a deeply divided court. Read the judgment, including the dissenting opinions. It will give you an idea of the interplay between orders of government.

2007-02-27 15:32:25 · answer #1 · answered by Anonymous · 0 0

I am so not sure of what your asking. The law that gives tribes the authority of self regulation is the Public Law 280. You may also want to check the Indian Relocation act has information about reservations. The Wheeler act also has information about indians. Good luck

2007-02-27 23:20:37 · answer #2 · answered by gus_zalenski 5 · 0 0

fedest.com, questions and answers