Native Peoples Law
In the United States, the field of Native Peoples Law is also referred to as Native American Law or Tribal Law. There are two important aspects of this type of practice. First, Native Americans and Alaskan Natives (members of different indigenous tribes of Alaska) are considered to be minorities in the United States; and any discrimination laws that protect the rights of people of color apply to people of indigenous descent. Second, with the Indian Civil Rights Act of 1968, tribal governments were given the authority to enforce certain rights to Native Americans that were not available to other U.S. citizens, as they might be part of an aspect of tribal heritage, such as religious ceremonies. Finally, if a tribe is federally recognized (and there are currently over 550 that qualify), the United States allows the tribe sovereignty.Activities of Tribal Nations
Most federally-recognized tribes are run in a manner similar to a state. As such, a tribe’s activities may include the ability to perform the following:
- Self govern and tax its citizens
- Set up court systems that address civil and criminal issues, as well as enforce moral and social traditions exclusive to their communities (such as the traditional, spiritual use of the hallucinogenic peyote)
- License and regulate activities
Tribes that can claim sovereignty usually incorporate this status into their names (i.e. the Cherokee Nation or Navajo Nation). In this case, the word “nation” does not refer to a plot of land with boundaries, but rather a group of people under the same government. Like states, tribal governments or nations may not mint their own currency, declare war, or engage in foreign relations.
U.S. Government and Tribal Affairs
Two governmental bodies that work in conjunction with the native tribe to ensure the smooth flow of operations are the U.S. Department of Justice and the Bureau of Indian Affairs; both also work with the Alaskan Natives. Anyone who believes that he or she has faced discrimination due to Native heritage should contact these organizations.
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