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Humiliated Trump Storms Out of Catastrophic SCOTUS Hearing (www.thedailybeast.com)
submitted 6 months ago by to c/news@lemmy.world
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[–] 22 points 6 months ago (4 children)

It's complicated, they are citizens in most cases, but they also have distinctly different rights in some cases. It works out to them being a sort of hybrid citizen, as they are ultimately subject to most federal laws, but can't be subjected to state laws. They are allowed to vote in elections though suppression is common. This status has resulted in them running casinos in most states, as the state can't prevent them from doing it on tribal land, it's also expanded to betting apps.

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  • [–] 20 points 6 months ago

    Along with that, they are protected by international treaties because some tribal lands straddle the border between the US and Canada or Mexico. As nations that pre-date colonialism, they’re allowed to move freely within their lands, which might take them over an international border.

    So someone might be born on tribal lands in Canada but live in the US and have tribal rights, but not be an American. Or vice versa.

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  • [–] 2 points 6 months ago (1 child)

    I very much could be wrong, but I was under the impression that this was at least partly a jurisdictional thing, not a personal thing. In other words, that it was being on tribal land that made the difference, not necessarily being a member of the tribe. I'm pretty sure Native American tribe members don't have some sort of blanket immunity to all state laws no matter where they happen to be; I think it's that state laws don't apply within reservations, despite the land the reservation is on otherwise counting as part of the state.

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  • [–] 1 point 6 months ago

    Tribal police can arrest non-natives on tribal land, but they can't prosecute them. They get transferred to state or federal authorities as needed.

    Native Americans can do some things off of tribal land as well. The big thing natives can do is hunt and fish without a license. They can't trespass on private property, but the state has little authority to stop them even on non tribal land. Another is the possession and use of peyote.

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