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Indians and Native Populations Law

The terms “Indians” or “Native Americans” refer to tribes of Aleuts, Eskimos, and native North American populations. The legal scope of such populations, as governed by Native American Law, distinguishes the legal rights and freedoms of Indian tribes as subordinate and dependent nations, ensuring protection by the doctrine of sovereign immunity. This body of law permits a tribe to create its own form of government, including the legal ability to interpret its own rules, laws and tribal ordinances.

Indian tribes are subordinate and dependent nations, protected by the doctrine of sovereign immunity. The power of the tribe to determine its own form of government includes the power to interpret its own laws and ordinances; such interpretations will ordinarily be followed by the courts and other government agencies. Since many tribes are trying to learn more about procedures in non-Indian society, tribal delegates and leaders frequently try to conform to the current practices in state, local and federal governments. In fact, many tribes have adopted as the laws of their tribe many state statutes, such as laws governing marriage.An Indian tribe may tax its own members and non-members doing business within the reservation. Some tribal laws are subject to approval or review first by the superintendent, and then if he approves, by the Secretary of the Interior. There are numerous federal statutes dealing with Indian rights and governance, such as the Indian Reorganization Act, and the Indian Civil Rights Act (also known as the Indian Bill of Rights). 28 U.S.C. § 1360 deals with state civil jurisdiction in actions in which Indians are parties.