What is the biggest difference between tribal law and state and federal law?
Tribal, state and federal laws differ based on the laws to be applied. For instance, if a litigant seeks relief in Cherokee courts for some wrongful conduct, they will argue Cherokee law based on the Cherokee Constitution and Cherokee legislation. Their arguments would not be based on the United States’ bill of rights or on a state constitution. The primary difference in tribal law and state/federal law is the jurisdiction exercised by the courts. If someone is passing through Kansas and they commit a crime within the state of Kansas, no one would question that the state of Kansas has authority over that person. The authority would arise from the person’s mere presence in the state territory. The jurisdiction of the Cherokee Nation court is more limited, partially by federal law and partially by the Cherokee Nation’s own laws. The Cherokee Nation’s jurisdiction is limited based on the persons involved and based on what relationship the person or entity has to the Cherokee Nation. What
