Legal Definitions - American Indian law

American Indian Law refers to the legal system that governs the indigenous peoples of North America, including Alaska Natives and Native Hawaiians. The term "tribe" or "band" refers to a group of indigenous people who share a common heritage and live under one leadership or government in a particular territory.

Under federal law, Indian tribes have a special kind of sovereign authority to govern themselves, subject to federal oversight. This sovereign authority extends to Indian tribal courts, which adjudicate matters relating to Indian affairs. However, tribes do not have jurisdiction over non-Indians conducting activity on a non-Indian fee simple, even if on an Indian reservation, unless the activity threatens the welfare of the tribe.

There are numerous federal statutes dealing with Indian rights and governance, such as the Indian Reorganization Act and the Indian Civil Rights Act. States may also recognize certain Indian groups, even if the federal government does not recognize the group.

• An Indian tribe in Oklahoma has its own court system to handle legal matters within the tribe.
• The Indian Reorganization Act allowed tribes to establish their own governments and constitutions.
• The Indian Civil Rights Act protects individual rights within Indian tribes, such as the right to free speech and due process.

These examples illustrate how American Indian Law grants tribes a certain level of autonomy and self-governance, while also providing federal oversight and protection of individual rights.