'Indians, in a Jurisdictional Sense': Tribal Citizenship and Other Forms of Non-Indian Consent to Tribal Criminal Jurisdiction

American Indian Law Journal, Vol. 1, pp. 79, 2012

20 Pages Posted: 27 Nov 2012 Last revised: 12 Dec 2013

Paul Spruhan

Navajo Nation Department of Justice

Date Written: December 13, 2013

Abstract

This article, published in the inaugural issue of the American Indian Law Journal, discusses the legal history of tribal and federal law recognizing non-Indians as citizens in tribal nations. The article also discusses the shift in tribal nations' citizenship laws from recognition to denial of non-Indian citizenship. Finally, the article discusses current methods of recognizing or imputing non-Indian consent to tribal criminal jurisdiction. The article concludes that there are several viable theories of consent for non-Indians to tribal criminal jurisdiction, including the potential revival of non-Indian citizenship, despite the U.S. Supreme Court's general prohibition on such jurisdiction arising from Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978).

Keywords: Indian law, American Indians, legal history, tribal membership, tribal criminal jurisdiction, oliphant, race, citizenship

Suggested Citation

Spruhan, Paul, 'Indians, in a Jurisdictional Sense': Tribal Citizenship and Other Forms of Non-Indian Consent to Tribal Criminal Jurisdiction (December 13, 2013). American Indian Law Journal, Vol. 1, pp. 79, 2012. Available at SSRN: https://ssrn.com/abstract=2179149

Paul Spruhan (Contact Author)

Navajo Nation Department of Justice ( email )

Window Rock, AZ 86515

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