Oliphant Vs Suquamish Tribe Essay

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This case displays an example of the prejudices of the Supreme Court against the indigenous Americans during 1978. Tribal courts previously were able to try non-Indians for offenses committed on tribal land. Oliphant v. Suquamish Indian Tribe (1990) underwent three appeals; the Supreme Court case ruled against the Suquamish Tribe and called for further action. The Suquamish Tribe is located in the Port Madison Reservation in the state of Washington. Tribes assume their own constitutions modeled after the U.S. constitution, and are recognized as ‘sovereign’ under the Indian Reorganization Act of 1934. From 1934 to today the tribe is in an era of self-determination, in which they govern themselves. At the time of Oliphant v. Suquamish Indian …show more content…

Suquamish Indian Tribe (1978) started at an annual Suquamish celebration, Chief Seattle Days, and ended with two non-native Americans arrests on tribal land. Tribal police at the event witnessed Mark David Oliphant intoxicated and attempted arrest to him for violating tribal laws. Nevertheless, Oliphant resisted the arrest and punched an officer in the face, therefore, he was also charged with assaulting a tribal officer. Daniel Belgarde’s encounter with tribal police accelerated to a high-speed chase. Belgarde collided with a tribal patrol car and was charged with recklessly endangering another person and injuring tribal …show more content…

We also acknowledge that with the passage of the Indian Civil Rights Act of 1968, which extends certain basic procedural rights to anyone tried in Indian tribal court, many of the dangers that might have accompanied the exercise by tribal courts of criminal jurisdiction over non- Indians only a few decades ago have disappeared. Finally, we are not unaware of the prevalence of non-Indian crime on today's reservations which the tribes forcefully argue requires the ability to try non-Indians. But these are considerations for Congress to weigh in deciding whether Indian tribes should finally be authorized to try non-Indians. They have little relevance to the principles which lead us to conclude that Indian tribes do not have inherent jurisdiction to try and to punish non-Indians” (Oliphant v. Suquamish Indian Tribe, 1978) Finally, after ensuing three retrials, the Supreme Court decided on a discriminatory ruling to preside until Congress passes laws to decide upon the

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