Oliphant V. Suquamish Indian Tribe - Court Decision

Court Decision

The U.S. Supreme Court upheld Oliphant's appeal, citing the Civil Rights Act of 1968 in their decision. The Supreme Court reversed the decision of the lower courts. The decision stated that Indian tribal courts do not have inherent criminal jurisdiction to try and to punish non-Indians, and hence may not assume such jurisdiction unless specifically authorized to do so by Congress. The decision stated that tribal powers could be divested both explicitly and implicitly, if they are in violation of their status of "domestic dependent nations."

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