Often considered to be one of the most destructive erosions of
tribal sovereignty, Oliphant v. Suquamish holds that Indian tribes
do not hold inherent criminal jurisdiction over non-Indians.
In his ruling opinion, Judge William Rehnquist states:
- Tribes cannot exercise powers relinquished by treaty
- Tribes cannot exercise powers prohibited by federal
statute (Congress' plenary power)
- Tribes cannot exercise powers inconsistent with their
status of a "domestic dependent nation"
Until the decision is overturned, Congress steps in to delegate
authority, or a tribe relies on treaty language to assert
jurisdiction, Oliphant represents a severe limitation for tribes
to maintain order within their boundaries.
Although states have jurisdiction over misdemeanor and felony
non-Indian on non-Indian criminal offenses, they are unlikely
to prosecute in misdemeanor cases.
Jurisdiction over non-Indian on Indian crimes still falls under
federal authority.
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