American Indian Legal Documents

This section contains various legal documents which have an impact upon tribal people.

 

 

the first document concerns Means v. Navajo Nation.  The federal court of appeals ruled against Russell Means in his quest not to be held to Navaho Tribal Laws.  He has argued against Tribal Sovereignty. 

"This case concerns whether an Indian tribe can exercise criminal jurisdiction over a person who is not a member of the tribe, but who is an enrolled member of another Indian tribe." 

Important points are: 

"Taken together, the 1990 Amendments, the Major Crimes Act, and Antelope mean that the criminal jurisdiction of tribes over “all Indians” recognized by the 1990 Amendments applies only to Indians who are enrolled members of a recognized tribe, not persons who are merely ethnically Indians."

"...Supreme Court for the employment preference in Mancari:  Indian tribal identity is political rather than racial, and the only Indians subjected to tribal court jurisdiction are enrolled members of tribes, not all ethnic Indians."