PY Tribal Court My Blog What Are Tribal Laws?

What Are Tribal Laws?


Tribal laws are local ordinances that Native American populations within their territory enact and execute. Whether or not they are Native Americans, everybody living on Native American territory is subject to tribal regulations.

Under the interests of both truth and consistency, this article utilizes the terms “Indians,” “Indian tribes,” and “Indian reserves” as they are used in United States law to refer to Native Americans, their numbers, and the areas where they live.

Why do Indian tribes have their own laws?

The idea of “Indian tribes” has always been distinctive. This is why the Federal Congress has “the power… under Article I, Section 8 of the United States Constitution. The United States Supreme Court interpreted Article 1, Section 8 to mean that Indian tribes in the United States are separate political entities, but neither states nor foreign nations. This interpretation was made in a series of three court cases between 1823 and 1832, which are now known as the “Marshall Trilogy” (after John Marshall, the Chief Justice at the time).

In Johnson v. M’Intosh (1823), the Supreme Court ruled that although Native American tribes had always been “absolute owners” of (or “sovereigns over”) their lands, the “discovery” of North America by European colonial powers gave nations like Great Britain (and later the United States) the power to revoke the tribes’ right to occupy those lands. As a result, only the federal government, not private Americans, is permitted to buy Indian land. The Supreme Court determined that Indian tribes are “domestic dependent nations,” or effectively “wards,” of the federal government in Cherokee Nation v. Georgia (1831).  The Supreme Court ruled in Worcester v. Georgia (1832) that only the federal government, not the specific state or states where an Indian tribe is located, has the authority to administer its own laws to tribal members.

The fundamental contours of the relationship between Indian tribes, the federal government, and state governments remain largely the same, particularly in Arizona, despite changes brought about by later United States Supreme Court decisions, congressional legislation, and federal government policy decisions. This effectively means that Indian tribes may create and uphold their own laws wherever and whenever Congress so permits.

When do tribal laws apply?

When an Indian tribe holds “jurisdiction” over a person in Indian nation, tribal laws are in effect. A person is said to have “jurisdiction” over an Indian tribe if the tribe’s legal system has the power to adjudicate cases involving them.

A plaintiff must file a complaint or “lawsuit” against a defendant in the tribe’s courts of law if the legal issue is a private civil matter and the tribe has jurisdiction over it. This is typically done in order to seek monetary damages from the defendant. The tribe’s courts of law are where the prosecution may try to convict and punish a defendant who has been charged of committing a criminal offense if the legal issue is a public criminal matter and the tribe has jurisdiction.

If the legal issue developed in Indian nation and whether or which party to the disagreement is “Indian” or “non-Indian,” those two factors will most likely determine whether tribal laws apply in a civil case.

If a crime was committed in an Indian reservation, whether the defendant is a “Indian” or “non-Indian,” and what kind of crime was committed are the main factors in determining if tribal laws apply.

If a person has some Native American ancestry and is acknowledged as a part of an Indian community, then that individual is considered “Indian” for the purposes of deciding jurisdiction. A person is considered “Indian” for the purposes of determining both civil and criminal jurisdiction if they are a member of a federally recognized Indian tribe.

Please be aware that these guidelines are quite general and only apply to specific states, including Arizona. Please contact a lawyer if you require or desire legal counsel regarding a particular civil or criminal case pertaining to Indian territory.

Finding Tribal Laws

Not all laws are codified or made public. Some tribes, but not all, have thorough coverage in sophisticated databases. While other tribal websites are frequently out of date, certain tribal courts have their written laws and judicial procedures available online.

The National Indian Law Library’s (NILL)

Researching Tribal Codes and Constitutions

The National Indian Law Library’s (NILL) (open access) Tribal Law Gateway includes the Codes and Constitutions database – this includes links to over 240 codes and over 400 constitutions. The NILL’s Tribal Law Gateway lists hundreds of tribes with references to their legal publications. NILL contains links to available online versions of tribal constitutions and codes. NILL also provides references for tribal constitutions, case law, and other sources of Indian and tribal law. Although some of the codes are several years old, and for some tribes there are no available laws, the Tribal Law Gateway is the most comprehensive source for tribal law materials, particularly the tribal codes.

Researching American Indian Tribal Law

American Indians and Alaska Natives have the right to self-government under the concept of tribal sovereignty. With a few exceptions, Indian tribes are recognized under the U.S. Constitution as distinct governments with the same authority to manage their internal affairs as the federal and state governments. Tribes have the legal authority to create their own systems of governance, membership requirements, legislation, law enforcement, and courts as part of their sovereignty.

According to the Constitution, the federal government, not the state governments, has jurisdiction over Indian matters. The United States engages with Indian tribes as governments, just as it does with states, rather than as special interest organizations, people, or another kind of non-governmental body. Through a variety of state recognition procedures, certain governments have expressly recognized the political status of Indian tribes.

Related Post

Did Native American Use FencesDid Native American Use Fences

The purpose of the earliest fences erected in Virginia was to restrict the movement of domestic animals.

Before European colonialism, Native Americans only constructed palisade-enclosed fortifications around their villages. Those barriers were intended to slow down possible attackers and maybe keep out wild animals that would plunder the town’s food supplies.

There was no need for fencing among the Algonquian, Siouan, and Iroquoian-speaking tribes because they did not have domesticated animals or birds. Before European settlers arrived, Native Americans in Virginia exclusively kept domesticated dogs in their communities.

Hernando de Soto, a Spanish explorer, introduced horses and pigs to what is now North Carolina in 1540, but it appears that the Jesuits, who arrived in Virginia in 1570 to create the first European settlement, did not bring any animals with them. The earliest fences to control poultry and livestock in North America were built by the Spanish colonies in Florida, Georgia, and South Carolina after they imported domesticated animals.

The colonists who settled at Jamestown brought the first domesticated chickens, ducks, geese, cattle, sheep, pigs, and horses to Virginia. The first horses arrived in 1609, but they did not survive the winter of 1609–1610, known as the Starving Time.

Animals needed to be kept out of the gardens and fields where corn and wheat were grown, therefore fences were required. All of the domesticated animals could enter the fields and tread the priceless plants even though they didn’t graze on tobacco.

The owner of an animal was bound by English common law to keep the animal away from other people’s gardens and crops. One strategy was placing animals on an island; the Chincoteague ponies may have originated in this way. Another method was to fence off a peninsula to provide enough of grazing space for livestock while requiring the least amount of time and resources to construct an enclosure.

In 1643, the Virginia General Assembly changed its strategy. The legislature declared the colony to be “open range,” allowing cattle to roam at will rather than requiring the owner of livestock to fence in their pasture. Both gardeners and agricultural farmers had to construct sufficient security barriers. Three years later, it became evident what was required of an adequate fence, which included being 4.5 feet tall.

Many fence rails were used as firewood by Civil War soldiers in 1862. At its assembly in Richmond, the General Assembly amended the open range law and granted county officials the ability to demand that livestock owners enclose their animals in fencing. A British officer was taken prisoner by Charlottesville in 1779. Some counties decided to follow a “fence in” strategy, while others decided to stick with the previous “fence out” regulations. He discussed the fences in Virginia and how they were different from the fences he had seen in Massachusetts before his journey.

A Look Back At The History of The Fence

Unbelievably, fences have a long history that goes back to the very first civilizations. For more than 20 years, Secure Fence and Rail’s contractors have been constructing high-quality fences throughout Brevard County. The history of the fence and how it has changed from one civilisation to the next is something we thought you might find interesting.

Although the fence’s creator cannot be identified, its usage to keep things out and allow what is inside to flourish represents an important step in the development of human civilization.
“The first man who, having walled in a piece of land, said “This is mine,” and found people naive enough to believe him, that man was the actual founder of civil society,” wrote Jean-Jacques Rousseau of the fence’s creator.
Bronze Age stone fences show that the fence builders had no intention of leaving anytime soon.
In order to claim property as their own, the ancient Greeks and Romans would erect fences around it.
In order to establish their ownership of territory they had acquired abroad, the ancient Greeks and Romans would erect fences around it.
The Anglo-Saxons were well known for cultivating hedges as barriers, which were extremely advantageous to the ecosystems, including the crops, soil, and wildlife, that lived and grew inside.
To establish their claims, early American immigrants built the recognizable Virginia Worm Fences.
The strong, zigzagging fences were simple to build, inexpensive, and didn’t need any supports to be set up.
Native Americans erected tall stockades to enclose their communities in the eastern United States.
Ranchers in the Wild West first employed barbed wire in the 1880s to prevent incoming settlers from encroaching on pasture area.

So the next time you gaze outside to admire your brand-new wood, vinyl, or aluminum fence, consider how far society has advanced. To prevent people like Jelly and her four-legged gang from escaping, we’re setting up puppy pickets rather than stacking up a lot of pebbles to deter intruders.

How Fence Protect Pascua Yaqui Tribe HomesHow Fence Protect Pascua Yaqui Tribe Homes

A Yaqui Native American tribe in southern Arizona with federal recognition is known as the Pascua Yaqui Tribe.

The Pascua Yaqui Tribe, descended from the Yaqui people, fled the United States government during the Mexican Revolution. The Yaqui people’s ancestral territory extended from what is now the southwestern United States southward into northern Mexico. Lands that were a part of Yaqui indigenous regions close to Nogales and south Tucson in the early 1800s were afterwards acknowledged by the United States. The tribe started resettling at Guadalupe, close to Tempe, and Pascua Village, south of Tucson, in the early 20th century. On September 18, 1978, the US government officially recognized them. 

You can benefit from a professionally installed fence in many ways, including increased curb appeal and house value. However, protection is one of the most significant benefits a fence can offer. If you want to feel more secure, whether you’re attempting to keep anything inside or outside, a fence is a terrific alternative for you. Just a handful of the ways fences can keep you safe are listed below.

Your fence can provide extra security.

Do you feel like you need more security? You might already have installed cameras on your property. But installing a fence around your house or place of business is a fantastic additional security measure. Regardless matter whether you’re inside watching TV or outside enjoying your yard, PVC and vinyl fences can provide privacy. They can shield you from inquisitive eyes as well as deter criminals and thieves from entering your home.

Ornamental fences are a fantastic additional choice for securing your home. They are not only stunning to look at, but they are also quite difficult to scale. Additionally exceptionally strong and little maintenance are aluminum ornamental fences. This implies that you may have one installed and start sleeping better right away knowing that your home now has an additional layer of security and that you don’t have to worry about maintaining it.

Keep things in… or out.

Fences can aid in the protection of all your fuzzy companions, including livestock and pets. If your yard is enclosed by a fence, you may easily let your dog out without worrying about them escaping. This is particularly useful if you live close to a busy street. You can even hang warning signs on your fence if your dog happens to be violent. You won’t have to worry about other people’s safety or your dog’s safety because the fence will keep your dog away from any onlookers.

Your children can receive the same safety from a fence. While kids play in the yard, you can relax knowing that they are safe. As a result, you’ll be able to unwind and enjoy your yard knowing that they can’t travel too far.

Fences can keep other things out in addition to preventing your children or pets from escaping your sight. A fence will deter predators if you reside somewhere a little more remote. For animal pens, a welded or woven fence is a great option. A fence can also assist keep small animals out of your garden that might try to scrounge up a free salad bar.

Protect against unseen forces.

Your imagination typically immediately conjures up images of physical threats like burglars or wild animals when you think of fences providing protection. Fences, however, can also provide defense against things like wind and noise. Strong winds might harm your house or place of business. They can destroy siding or scatter outdoor furniture. A fence serves as a barrier between your property and the wind, especially one made of opaque wood or vinyl. You will be even more protected from the wind if the fence is higher.

A fence can assist muffle noises if you live in a neighborhood where all of your neighbors are close to one another or even if you live next to a busy road. It would have to resemble a wind-blocking fence in some way. Whatever the noise source may be, you need a strong barrier between you and it. With a fence, it is simpler to relax in your backyard while passing cars or neighbors are having fun in theirs.

The following are five of the most popular types of fences that homeowners are choosing today.

Aluminium Fence

For a lot less money, an aluminum fence can have the same timeless appearance as a wrought iron fence. It is incredibly robust, has a wonderful appearance, needs minimal maintenance, and can withstand severe weather. You don’t have to be concerned about moisture or sunlight causing it damage over time because an aluminum fence won’t rust like other metal fences and won’t decay or fade.

Wood Fence

One of the most common forms of fences in America is the wood fence. Any home or company can benefit from the beauty, seclusion, and security that a wood fence can bring. Spruce, cedar, and other natural woods are common options for wood fences, and there are a wide variety of forms, colors, and finishes to select from. A wood fence will enhance any landscape because it is a true natural material.

Vinyl Fence

PVC or vinyl fences are incredibly sturdy, long-lasting, and almost maintenance-free. Unlike wooden or metal fences, vinyl fences won’t rot or deteriorate with time. A vinyl fence is durable, reliable, and resistant to moisture. These fences come in a variety of colors and designs and don’t need to be painted or stained.

Chain Link Fence

Strong, long-lasting, and robust chain link fences are available. They are simple to install and need little maintenance. For security, a chain link fence is a wonderful choice. They might not be as aesthetically pleasing as other forms of fencing, but they are durable and affordable. They can withstand a variety of hazards, such as bad weather, pests, and insects.

Iron Fence

A landscape plan can benefit from the appealing look that wrought iron fences can bring. While still providing some protection for your garden or yard, these elegant fences let you see through to your natural furnishings. They need to be carefully maintained, which includes sanding or repainting them every few years, despite the fact that they are sturdy and attractive.

Who Are The Pascua Yaqui TribeWho Are The Pascua Yaqui Tribe

Approximately 60 miles north of the U.S.-Mexico border, in southwest Arizona near Tucson, the Pascua Yaqui Tribe is situated on a 2,200-acre reservation. Four to five thousand of the tribe’s 19,000 members reside on the reserve. Single-mother homes, which make up roughly 43% of all Pascua Yaqui households, are the most prevalent household type on the reserve. As stated by the U.S. According to the census, the population of the Tribe’s trust lands and reservation is roughly 12.7% non-Indian. The DOJ received the final Pilot Project Application Questionnaire from the Pascua Yaqui Tribe on December 30, 2013. On February 6, 2014, the Tribe was given permission to begin exercising its SDVCJ, and on February 20, 2014, jurisdiction became effective. A official notice to the community about the new law’s implementation was promptly published by the Tribe in a news release. Following the completion of the Pilot Project, the Tribe made a detailed Pilot Project Summary and Implementation Timeline public for Pascua Yaqui’s adoption of the SDVCJ.

Many of the Pascua Yaqui prosecutors are designated as Special Assistant United States Attorneys (SAUSAs), which enables them to simultaneously serve as prosecutors in federal court. Domestic violence-related offenses make up the great majority of criminal cases filed in the Pascua Yaqui Tribal Court. The Tribe provides funding for a full-fledged Public Defenders Office, which was first established in 1995 and has four certified defense lawyers on staff. For cases where there is a conflict of interest, the Tribe also pays four privately hired defense lawyers. Since long before VAWA 2013, the Tribe has engaged judges with legal training and recorded its court procedures. The majority of SDVCJ cases are involving Pascua Yaqui, which also had the first jury trial.

A $450,000 grant from OVW was given to the Pascua Yaqui Tribe in 2018 to help with the execution of the SDVCJ.

The Pascua Yaqui Tribe is descended from the Uto-Aztecan people, who once occupied a sizable portion of the Southwest and Mexico and are well renowned for their deer dances and cultural paintings. The tribe now has eight settlements spread across picturesque and lushly vegetated desert terrain in southern Arizona.

History & Nature

Within the village, the Yaqui culture and spirituality are significant. Their deer dances are a manifestation of their spirituality and serve as a representation of the Yaqui people’s relationship with nature. The Tribe has maintained its culture through oral tradition over the years while simultaneously managing to assimilate politically into American society.

The Yaqui, forebears of the Pascua Yaqui tribe of today, lived in the Mexican Yaqui River basin. Early Spanish explorers came upon the tribe in the 1530s, and talks with Spain started then. In 1610, the Yaqui nation and the Spanish government signed a formal peace pact. Soon after, the first catholic missionaries were established.

The Yaqui started combining many of their customs with Christian teachings in the 1700s. Pascua, the Spanish name for Easter, became deeply ingrained in the tribe’s tradition. The Yaqui’s Deer Dance, which was once performed to persuade deer to die for the tribe’s benefit, now symbolizes Christ’s death on the cross for the benefit of all people.

Although the Yaqui accepted the Spanish settlers’ faith, they were much less willing to submit to their rule. The tribe had started to grow weary of the Spanish encroachments into their territory by the middle of the eighteenth century. The Yaqui nation attacked the Mexican government by banding up with nearby tribes.

Over the following century, hostilities between the factions fluctuated in severity but never totally subsided. Up until a formal peace deal was reached in 1897, the Yaqui and Mexico were virtually at war. Many of the Yaqui had already been forced into Arizona’s neighbor at that point.

The number of Yaqui immigrants to the country increased over the ensuing 20 years. The Mexican government kept expelling members of the tribe from its boundaries notwithstanding the peace pact. In addition, many Yaquis entered the nation voluntarily to reunite with their relatives and flee persecution. Many people moved into a community they called Pascua.

Despite ongoing difficulties, the newly established Pascua Yaqui tribe started to prosper. They started the protracted battle for reform. Their initial success came in 1964 when they applied for lands with nonprofit status. The American government had yet to legally recognize the tribe’s official status at that point. Nevertheless, the tribe received 202 acres of land outside of Tucson, Arizona, while operating under the very flimsy pretext of the Pascua Yaqui Association.

The Pascua Yaqui tribe received official recognition as a formed tribe in 1978. Even while the separation was not perfect, it gave the tribe significant rights and benefits. After the Pascua Yaqui tribe was formally recognized by the US as a historic tribe in 1994, those rights were further strengthened.