Wednesday, March 15, 2017

The Jurisdiction Question


While reflecting on class discussion and the Rebecca Tsosie chapter, "Tribal Sovereignty and Intergovernmental Cooperation," I found myself particularly perplexed by the question of Native sovereignty and dubious legal jurisdiction. It seems like the constant debate over rightful jurisdiction, liability, and responsibility ultimately delays justice for the Tohono O'odham people. Native Nations are sovereign states that are domestically and dependently incorporated in the United States. They have internal jurisdiction over the Indians inhabiting the reservation, jurisdiction over the non-Indians who have formed consensual relationships with the tribe or tribal members, but they do not have jurisdiction over non-Indians who break laws on the reservation. This jurisdiction question complicates the pursuit of justice.

As long as Native Nations are considered "domestic, dependent nations," federal power will always trump (See what I did there?) the sovereign power of Native Nations. How can Indians maintain feelings of self-efficacy in this legal and political climate? I would imagine that some Indians might not feel safe on the reservation. Non-Indians can easily get onto the reservation, but they might not be held legally accountable if they break reservation law. This idea seems frightening to me at least. For how long will the United States federal government mistreat Indians?

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