What factors are important in determining the scope of state civil jurisdiction in Indian country?
It is important to emphasize that this is not a black and white area of law and the result in a particular case will depend on the nature of the law, the parties involved, and where an action took place. However, there are some general principles that provide guidance in determining the scope of state authority. As noted in the earlier discussion dealing with basic principles, Indian tribes are sovereign nations with the right and power to regulate their own internal affairs. However, this power is subject to the overriding authority of the United States government through Congress to regulate and control Indian affairs. In the absence of federal regulation, Indian tribes retain inherent power to govern activities within their jurisdiction. The authority of states to regulate civil activity on Indian land is limited. States may regulate on-reservation activities where the state interest is consistent with or outweighs federal and tribal interests.(60) In addition, Congress may give sta
