your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Opinion: Tribal jurisdiction provision violates U.S. Constitution

Filed Under: Opinion
More on: 113th, jurisdiction, senate, tribal courts, vawa

"The Senate-passed version of the Violence Against Women Act (VAWA) violates Articles II and III of the Constitution.

The bill would authorize Indian tribal courts to adjudicate certain domestic violence criminal charges against non-Indians and to enter a final judgment authorizing the confinement of convicted offenders. At present, tribal courts cannot exercise that authority because, as the Supreme Court held in Oliphant v. Suquamish Indian Tribe in 1978, tribal courts lack criminal authority over non-Indians.

Oliphant said that Congress could empower tribal courts to adjudicate criminal charges against non-Indians, but to do so, it must pass legislation giving tribal courts that power. Congress could do that by passing VAWA, but the problem with the Senate version of the legislation is that it violates Articles II and III of the Constitution in the process."

Get the Story:
Paul J. Larkin, Jr.: “Violence Against Women Act” Violates the Constitution (The Heritage Foundation Blog 2/14)

Related Stories:
Republican blames VAWA vote on tribal jurisdiction provisions (2/14)
Tribes hail passage of VAWA with tribal jurisdiction provision (2/13)
Senate keeps tribal jurisdiction provisions in VAWA measure (2/12)
Senate set for vote on VAWA with tribal jurisdiction provisions (2/11)
Editorial: Reauthorize VAWA with tribal jurisdiction provisions (2/11)
Column: Failing to respond to violence against Native women (2/11)
Senate rejects alternative to VAWA without tribal jurisdiction (2/8)
Senate set to vote on VAWA with tribal jurisdiction provision (2/7)
White House backs tribal jurisdiction provisions in VAWA bill (2/5)
Frontline: Closing a loophole in VAWA to help Native women (2/5)
Ryan Dreveskracht: Tribal provisions of VAWA up for debate (2/5)
Opinion: The Violence Against Women Act is on life support (01/28)
Matt Remle: Violence against women, violence against earth (1/25)
Haley Elkins: Media goes silent on the failure to pass VAWA (1/24)
NCAI calls on Congress to pass Violence Against Women Act (01/24)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Controversy brews as House takes up Native American Energy Act (10/6)
Native Sun News: Crow Tribe leader advises Rep. Zinke on energy (10/6)
Lakota Country Times: Program for Native students closes down (10/6)
Mark Trahant: Far too many missing and murdered Native women (10/6)
Alfred Walking Bull: Let's open up about suicide in Indian Country (10/6)
Raina Thiele: Alaska Natives share culture with President Obama (10/6)
Mary Pember: Fashion show tackles trafficking in Indian Country (10/6)
Torivio Fodder: Pope Francis ignores sins of Indian mission era (10/6)
Sac and Fox Nation disappointed by denial of Jim Thorpe case (10/6)
Flandreau Santee Sioux Tribe expects big crowd for pot kickoff (10/6)
Colville Tribes pass resolution for small amounts of marijuana (10/6)
Disaster declaration covers Catawba Nation in South Carolina (10/6)
Leader of Comanche Nation disputes removal of administrator (10/6)
Donald Trump doesn't think NFL team's racist name should go (10/6)
Supreme Court declines to hear appeals in two gaming cases (10/6)
San Pasqual Band loses claim for damages in gaming dispute (10/6)
New Eastern Cherokee chief takes aim at gaming commission (10/6)
Chemehuevi Tribe hosts public hearing for new gaming facility (10/6)
Little Traverse Bay Bands consider Class II for second casino (10/6)
Supreme Court rejects petitions in four more Indian law cases (10/5)
Senate Indian Affairs Committee weighs seven bills at hearing (10/5)
Senate Indian Affairs Committee schedules business meeting (10/5)
Secretary Jewell heads to Oklahoma for tribal trust settlement (10/5)
IHS reopens comment period for Aquinnah Wampanoag Tribe (10/5)
BIA backs extension of Rosebud Sioux Tribe gaming compact (10/5)
Native Sun News: Code Talker medals seen in traveling exhibit (10/5)
Lakota Country Times: Oglala Sioux Tribe and FEMA cooperate (10/5)
James Giago Davies: Don't let dominant culture dumb us down (10/5)
Vi Waln: Domestic violence comes in many forms on reservation (10/5)
Gyasi Ross: Republicans play games with Native women's rights (10/5)
Rosanna Deerchild: A terrifying reality facing indigenous women (10/5)
Steve Russell: Indians met Christianity at its most violent phase (10/5)
Alex Jacobs: Pope Francis honors symbol of genocide in America (10/5)
Joseph Hamilton: Tribal leaders must talk about disenrollments (10/5)
Tara Houska: Horror film treats Native peoples as relics of past (10/5)
Cow Creek Band employee lost son in deadly shooting in Oregon (10/5)
Flandreau Santee Sioux Tribe fully booked for launch of pot resort (10/5)
Chukchansi Tribe picks leaders and hires gaming commissioners (10/5)
Cowlitz Tribe turned down Donald Trump for gaming partnership (10/5)
Eastern Cherokees see tangible benefits from gaming enterprise (10/5)
Navajo Nation to offer housing for employees of casino in Arizona (10/5)
Poarch Creeks lose ruling over slot machines at Florida racetrack (10/5)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.