Title: Oliphant v. Suquamish Indian Tribe - Wikipedia
Headings: Oliphant v. Suquamish Indian Tribe
Oliphant v. Suquamish Indian Tribe
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Contents
Background
Procedural history
Ruling
Dissenting opinion
Effects
Evolution
See also
References
Further reading
External links

Content: Ruling
The Supreme Court ruled in Oliphant's favor by holding that Indian tribal courts do not have criminal jurisdiction over non-Indians for conduct occurring on Indian land and reversed the Ninth Circuit's decision. More broadly, the Supreme Court held that Indian tribes cannot exercise powers "expressly terminated by Congress" or "inconsistent with their status" as "domestic dependent nations." Analyzing the history of Congressional actions related to criminal jurisdiction in Indian Country, the Supreme Court concluded that there was an "unspoken assumption" that tribes lacked criminal jurisdiction over non-Indians. While "not conclusive," the "commonly shared presumption of Congress, the Executive Branch, and lower federal courts that tribal courts do not have the power to try non-Indians carrie [d] considerable weight." The Court incorporated that presumption into its analysis of the Treaty of Point Elliot, which was silent on the issue of tribal criminal jurisdiction over non-Indians. The Court rejected the Ninth Circuit's approach, which interpreted the treaty's silence in favor of tribal sovereignty and applied the "long-standing rule that legislation affecting the Indians is to be construed in their interest." Instead, the Court revived the doctrine of implicit divestiture. Citing Johnson v. M'Intosh and Cherokee Nation v. Georgia, the Court considered criminal jurisdiction over non-Indians an example of the "inherent limitations on tribal powers that stem from their incorporation into the United States," similar to tribes' abrogated rights to alienate land. By incorporating into the United States, the Court found that Tribes "necessarily [gave] up their power to try non-Indian citizens of the United States except in a manner acceptable to Congress". Arguing that non-Indian citizens should not be subjected to another sovereign's "customs and procedure", the Court analogizes to Crow Dog.