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: He challenged the exercise of criminal jurisdiction by the tribe over non-Indians. Procedural history
Oliphant's application for a writ of habeas corpus was rejected by the lower courts. The Ninth Circuit upheld tribal criminal jurisdiction over non-Indians on Indian land because the ability to keep law and order on tribal lands was an important attribute of tribal sovereignty that had been neither surrendered by treaty nor removed by the US Congress under its plenary power over Tribes. Judge Anthony Kennedy, then a judge of the Ninth Circuit Court of Appeals, dissented from the decision and said he found no support for the idea that only treaties and acts of Congress could take away the retained rights of tribes. He considered that doctrine of tribal sovereignty was not "analytically helpful" in resolving the issue. 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.