Native Peoples Law governs the Native Americans, Native Hawaiians, and Alaska Natives that live in the United States. These Native Americans are actually governed by multiple legal structures. First, each tribe may create and enforce its own tribal law. The federal government issued several statutes and treaties that affect the provision of services to people on Native American reservations. Some states may also impose some restrictions on Native Americans.
Practice Area Notes
Lawyers who are experts in Native Peoples Law handle a wide variety of issues. Many of these lawyers work for the tribes or for the state in which the reservation is located. They help Native Americans find work or set up businesses with the people surrounding the reservation, or help the state enforce laws that apply to Native Americans.
Some lawyers work within the tribes and help tribe members handle resolve their internal disputes or access government services to which they are entitled. Unfortunately, American reservations are often in remote areas and suffer from rampant poverty, and many Native Americans have trouble accessing essential legal services.
Who interprets the Constitution?
The Supreme Court is the self-proclaimed final arbiter on disputes involving a Constitutional issue. In Marbury v. Madison, (5 U.S. 137, 1803), the Supreme Court inferred this power and has played a critical role in interpreting the Constitution throughout the nation's history. Supreme Court decisions are binding on the parties. Moreover, Supreme Court decisions are part of the body of Constitutional law, and are, therefore, also binding on all other branches—federal and state—of government, and the people (Art. VI).
How do courts interpret the Constitution?
The Constitution is relatively short and its vague and sometimes antiquated language invites varying interpretations. Competing theories have evolved on the appropriate method to use to interpret the meaning of the Constitution. Examples of these diverse methods include "originalists" who maintain the text must be read literally, while "purposivists" seek to discern and achieve the intent of the law on grounds that the Constitution was intended to be a "living document," adaptable to changing society. In vague areas, courts have referred to principles of English common law, on grounds its application was, in some circumstances, intended by the Framers.
