APA RESEARCH PAPER

APA Research Paper

Tribal Constitutions

Indian tribes in U.S. their legal status

The legal situation of indigenous peoples of the United States government officially called "Native Americans", not so much the result of a legal body, but the product of the evolving relationship between peoples and the United States government, which has resulted in a set of laws and policies of different origins. Over the centuries, government positions have ranged from support to self-government on one hand and attempted assimilation of Indian tribes on the other.

Situation of American Indians today

The legal status of Indians in America is defined by a large body of law that draws from constitutional provisions, laws, court decisions and regulations, known as the "Indian" (Indian Law). The basic source of this body of law is references to the Indians in the Constitution, although brief, have given rise to a lot of interpretations and developments.

The legal concept of tribe

The term "tribe", as used in legislation, known as a group of Indians of the same race or similar race, united in a community under one leadership or government, and inhabiting a particular territory (although this sometimes is not precisely defined). The exact scope of the term may vary from one law to another, but as Indian law must always be interpreted in the most favorable for the Indians, the flexibility with which the term is used is not an obstacle. The courts have established that the determination of a group of people has maintained a relationship as to constitute a tribe should take into account the following criteria:

The different tribal constitutions are defined as the Indian Reorganization Act and non Indian reorganization act are mainly because of the modern adaptation and the differences in the era that totally changed the perspective that the older people look towards the constitution for the betterment of the group. Most constitutions also establish the office of president or governor of the tribe. This can be chosen by the board or direct vote of the members of the tribe. The tribes have the authority to enact and enforce laws, promulgate regulations and rules, and administer justice. Major crimes (murder, armed robbery, etc.) Are the jurisdictions of federal courts, according to the Major Crimes Act! Crimes committed by Indians off the reservations within the competence of local governments, state or federal, as appropriate.

In civil matters, when the subject of the claim arises in Indian country, it is generally the jurisdiction of tribal courts, regardless of who makes the demand is indigenous or not. To completely internal affairs of the tribe, tribal jurisdiction is absolute. The jurisdiction in civil matters is a controversial issue on which there is still no clear doctrine by the Supreme Court, so also the state courts have jurisdiction in certain cases. Their functions vary among tribes, but it is generally assumed to be the leader and spokesman for the tribe. Their main features and characteristics are defined below which remain similar such as,

The extent to which group members are people of Indian descent who live and ...