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5 Does a Tribe Need to Notify the Gpo Form
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People also ask
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Does federal law override tribal law?
That clause provides Congress with the power “To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes[.]” Federal courts have interpreted this clause to mean that while tribes have the right to self-government, that sovereignty is subject to an overriding federal authority.
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Do tribal governments have to follow state laws?
There is no state regulatory jurisdiction. While tribes are recognized as sovereign, they are not “states” for the purposes of the full faith and credit requirements of Article IV of the U.S. Constitution.
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What are the responsibilities of the tribal government?
Much like state governments, tribal governments are responsible for the health, safety and welfare of their citizens and their communities. Tribal sovereignty pre-dates the formation of the United States and is recognized through the U.S. Constitution and numerous federal statutes and court cases.
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Do tribal governments have to follow federal law?
The Bottom Line. While the extent to which Tribal members are subject to state laws is not always clear and depends on many factors, it is clear that Tribal members must adhere to federal law.
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What does federal recognition do for tribes?
A federally recognized Tribe is one that is generally “eligible for the special programs and services provided by the United States to Indians because of their status as Indians.” Federal recognition (also called federal acknowledgment) thus engenders certain rights and protections for a recognized Tribe, including ...
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Do tribal nations have a government to government relationship with the federal government?
Memorandum: Government-to-Government Relations with Native American Tribal Governments. The United States Government has a unique legal relationship with Native American tribal governments as set forth in the Constitution of the United States, treaties, statutes, and court decisions.
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Are tribal courts governed by federal law?
Through PL 280, Congress transferred the federal government's legal authority over all criminal offenses involving Native Americans on tribal lands to the state government, and opened state courts up as forums for civil litigation that had previously only been able to be brought in tribal or federal courts.
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Is tribal membership determined by the federal government for each tribe?
Each tribe determines whether an individual is eligible for membership. Each tribe maintains it's own enrollment records and records about past members.
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