While states cannot override the federal government, they may create their own laws, such as giving certain rights to and recognizing certain “tribes” under their state’s laws.  However, while they may give extra rights to a “tribe,” they cannot take away rights given by the U.S. federal government.

Because Indians and other Native American groups are considered to be sovereign by the federal government, they not only operate under their own laws (which cannot contradict rights guaranteed under the U.S. Constitution), but they also have their own tribal court system.  This court system has full authority and jurisdiction over those individuals who are citizens of that particular reservation.  This jurisdiction may extend, in certain serious matters, to non-citizen individuals.

Though Indians and Native Americans who are citizens of a federally recognized tribe abide by both the laws of their “tribe” and those of the federal government, it is still often advisable to contact a local attorney for these matters.  As described above, although these groups are not governed by state law, there may be situations where a state offers certain rights to a group where the federal government does not do so.

To fully know all of the rights afforded to individuals under a tribal government system, all of the federal Indian legislation, and the various treaties signed, a local attorney skilled in Indian and Native American law is a good source.  Furthermore, such an attorney should have a good working knowledge of the procedures and policies involved in both civil and criminal matters.  If you believe you have a claim under a certain “tribe’s” laws or from an incident taking place on a reservation, you may benefit from a legal consultation with a local Indian and Native American attorney before any applicable statute of limitations may pass.