Oliphant v. Suquamish Indian Tribe facts for kids
Quick facts for kids Oliphant v. Suquamish Indian Tribe |
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| Argued January 9, 1978 Decided March 6, 1978 |
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| Full case name | Mark Oliphant v. Suquamish Indian Tribe |
| Citations | 435 U.S. 191 (more)
98 S. Ct. 1011, 55 L. Ed. 2d 209, 1978 U.S. LEXIS 66
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| Prior history | Oliphant v. Schlie, 544 F.2d 1007 (9th Cir. 1976); cert. granted, 431 U.S. 964 (1977). |
| Subsequent history | Oliphant v. Schlie, 573 F.2d 1137 (9th Cir. 1978). |
| Holding | |
| 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. | |
| Court membership | |
| Case opinions | |
| Majority | Rehnquist, joined by Stewart, White, Blackmun, Powell, Stevens |
| Dissent | Marshall, joined by Burger |
| Brennan took no part in the consideration or decision of the case. | |
Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978), was an important case decided by the Supreme Court of the United States. This court is the highest court in the country. The case was about whether Native American tribal courts could try and punish people who were not members of their tribe for crimes.
The Supreme Court decided on March 6, 1978, that tribal courts do not have this power over non-Indians. Six judges agreed with this decision, and two disagreed. Justice William Rehnquist wrote the main opinion for the Court. Justice Thurgood Marshall wrote an opinion explaining why he disagreed. Chief Justice Warren E. Burger also agreed with Justice Marshall's disagreement. Justice William J. Brennan Jr. did not take part in the decision.
Years later, the U.S. Congress passed a new law that changed part of this decision. This new law gave tribal courts some power back.
Contents
Understanding the Case: Oliphant v. Suquamish Tribe
What Was the Case About?
This case was about a disagreement over who has the power to handle certain crimes. The Suquamish Indian Tribe has its own court system, called a tribal court. These courts handle legal issues for their tribal members. The question was if these courts could also deal with crimes committed by people who were not part of the tribe.
The Supreme Court looked at whether tribal courts naturally had this power. They decided that tribal courts did not have the power to try and punish non-Indians. This meant that if a non-Indian committed a crime on tribal land, the tribal court could not be the one to hear the case. Instead, state or federal courts would handle it.
Who Was Involved?
- Mark Oliphant: He was a non-Native American person. His case led to the Supreme Court's decision.
- Suquamish Indian Tribe: This Native American tribe has its own government and court system. They believed their courts should have the power to deal with all crimes on their land.
- The Supreme Court Justices: These are the judges who make decisions for the highest court in the U.S.
- Justice William Rehnquist: He wrote the main opinion for the Court.
- Justice Thurgood Marshall: He disagreed with the main decision and wrote his own opinion.
- Chief Justice Warren Burger: He also disagreed with the main decision.
The Court's Decision
The Supreme Court's decision in Oliphant v. Suquamish Indian Tribe was very important. It said that tribal courts could not use their criminal power over non-Indians. This meant that if a non-Indian broke a law on tribal land, the case would go to a state or federal court, not the tribal court. The Court said that for tribal courts to have this power, the U.S. Congress would need to specifically give it to them through a law.
How Laws Can Change
The Violence Against Women Act
Laws can change over time as society's needs change. In 2013, Congress passed a law called the Violence Against Women Act Reauthorization Act of 2013. This law made an important change to the Oliphant decision.
Protecting Victims in Indian Country
The 2013 law recognized that tribal courts needed more power to protect people. It gave tribal courts the power to handle certain crimes committed by non-Indians. Specifically, it allowed tribal courts to deal with cases of family violence that happen on tribal lands, but only if the victim is Native American. This was a big step in helping tribal communities protect their members.
