Impact of Supreme Court's Ruling in Duro V. Reina: Hearing Before the Select Committee on Indian Affairs, United States Senate, One Hundred Second Congress, First Session, on S. 962 ... S. 963 ... May 9, 1991, Washington, DC.U.S. Government Printing Office, 1991 |
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American Indian Arizona Chairman Chief Judge citizens Civil Rights Act Colville committed Committee on Indian Confederated Tribes Congress congressional constitutional criminal jurisdiction Duro decision enacted enrolled members exercise criminal jurisdiction federal court federal government funding habeas corpus ICRA Indian Affairs Indian Civil Rights Indian Community Indian country Indian law Indian nations Indian reservations Indian tribes inherent issue judicial jurisdiction over Indians jurisdiction over nonmember jurisdictional void jury Kootenai Tribes law and order law enforcement legislation Major Crimes Act member Indians Native American Navajo Navajo Nation non-Indians nonmember Indians offenses Oliphant problems prosecute protection Pueblo recognized Reina reside Salt River Santa Clara Pueblo Sioux Tribe South Dakota sovereign Supreme Court territory testimony Thank tion treaties tribal authority tribal community Tribal Council tribal courts tribal criminal jurisdiction tribal governments tribal jurisdiction tribal law tribal members tribal sovereignty U.S. Attorney U.S. Supreme Court Washington Zuni
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Page 179 - They may more correctly perhaps be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian.
Page 179 - The Cherokee Nation, then, is a distinct community, occupying its own territory, with boundaries accurately described in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves, or in conformity with treaties, and with the acts of Congress.
Page 276 - Except as to crimes, the punishment of which is expressly provided for in this title, the general laws of the United States as to the punishment of crimes committed In any place within the sole and exclusive jurisdiction of the United States, except the District of Columbia, shall extend to the Indian country.
Page 178 - The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial, with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate than the first discoverer of the coast of the particular region claimed: and this was a restriction which those European potentates imposed on themselves, as well as...
Page 68 - Government are established, we may define a republic to be, or at least may bestow that name on, a Government which derives all its powers directly or indirectly from the great body of the People, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
Page 178 - nation," so generally applied to them, means "a people distinct from others." The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of (he land, has adopted and sanctioned the previous treaties with the Indian nations, and consequently admits their rank among those powers who are capable of making treaties. The words "treaty
Page 262 - State court proceeding; (8) or unless that part of the record of the State court proceeding in which the determination of such factual issue was made, pertinent to a determination of the sufficiency of the evidence to support such factual determination, is produced as provided for hereinafter, and the Federal court on a consideration of such part of the record as a whole coneludes that such factual determination is not fairly supported by the record...
Page 226 - No Indian nation or tribe, within the territory of the United States, shall be acknowledged or recognized as an independent nation, tribe, or power, with whom the United States may contract by treaty...
Page 260 - States; or, being a subject or citizen of a foreign State, and domiciled therein, is in custody for an act done or omitted under any alleged right, title, authority, privilege, protection or exemption claimed under the commission, or order, or sanction of any foreign State, or under color thereof, the validity and effect whereof depend upon the law of nations; or unless it is necessary to bring the prisoner into court to testify.
Page 263 - ... 2 violate the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized...