Impact of Supreme Court's Ruling in Duro V. Reina: Hearing Before the Select Committee on Indian Affairs, United States Senate, One Hundred Second Congress, First Session, on S. 962 ... S. 963 ... May 9, 1991, Washington, DC.U.S. Government Printing Office, 1991 - Criminal jurisdiction |
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amendment Apache Tribe Bureau of Indian Chairman Cheyenne River Cheyenne River Sioux citizens Civil Rights Act Colville Committee on Indian CONGRES CONGRESS THE LIBRARY congressional court decisions court system created criminal jurisdiction Duro decision enactment enrolled exercise criminal jurisdiction federal court federal government funding hearing ICRA Indian Affairs Indian Civil Rights Indian community Indian country Indian Reservation Indian tribes issue Jicarilla Apache jurisdiction over Indians jurisdiction over non-member jurisdictional void land law and order law enforcement legislation LIBRA LIBRARY OF CONGRESS major crimes Makah member Indians non-Indians non-tribal members nonmember Indians Oglala Sioux persons problems prosecution protection Public Law 280 RARY recognized Reina residents RESS Santa Clara Pueblo self-government South Dakota sovereign immunity sovereignty Supreme Court testimony Thank tion treaties Tribal Council tribal courts tribal governments tribal jurisdiction tribal justice tribal law tribal members U.S. Attorney U.S. Supreme Court violated Warm Springs Reservation Washington Yakima Zuni
Popular passages
Page 199 - They may, more correctly, perhaps, be denominated domestic dependent nations. They occupy a territory to which we assert a title independent of their will, which must take effect in point of possession when their right of possession ceases. Meanwhile they are in a state of pupilage. Their relation to the United States resembles that of a ward to his guardian. They look to our government for protection; rely upon its kindness and its power; appeal to it for relief to their wants; and address the president...
Page 199 - The Cherokee nation, then, is a distinct community, occupying its own territory, with boundaries accurately described, in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter, but with the assent of the Cherokecs themselves, or in conformity with treaties, and with the acts of congress.
Page 76 - Government are established, we may define a republic to be, or at least may bestow that name on, a Government which derives all its powers directly or indirectly from the great body of the People, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior.
Page 196 - A cardinal rule in dealing with written instruments is that they are to receive an unvarying interpretation, and that their practical construction is to be uniform. A Constitution is not to be made to mean one thing at one time, and another at some subsequent time when the circumstances may have so changed as perhaps to make a different rule in the case seem desirable.
Page 77 - It is essential to such a government that it be derived from the great body of the society, not from an inconsiderable proportion or a favored class of it; otherwise a handful of tyrannical nobles, exercising their oppressions by a delegation of their powers, might aspire to the rank of republicans and claim for their government the honorable title of republic.
Page 196 - A constitution is not to be made to mean one thing at one time, and another at some subsequent time when the circumstances may have so changed as perhaps to make a different rule in the case seem desirable. A principal share of the benefit expected from written constitutions would be lost if the rules they established were so flexible as to bend to circumstances or be modified by public opinion.
Page 196 - Public sentiment and action effect such changes, and the courts recognize them; but a court or legislature which should allow a change in public sentiment to influence it in giving to a written Constitution a construction not warranted by the intention of its founders would be justly chargeable with reckless disregard of official oath and public duty, and, if its course could become a precedent, these instruments would be of little avail.
Page 46 - ... in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel for his defense...
Page 83 - Hearings before the Subcommittee on Constitutional Rights of the Senate Committee on the Judiciary on S.
Page 167 - Into your care we entrust our land and our people. Regardless of whether you are poor, or lack the oratory to express yourself fluently, you will to the best of your ability be the protector, impartially, for your people. The stranger who comes into our land will become as one of your people regardless of race, color or creed, and you will give unto them the same protection and rights as you would your own. You will cherish and protect all that contain life, from the lowliest crawling creature to...