United States v. Lara

Background

An enrolled member of one tribe who lived on another tribe’s reservation was excluded by that tribe, ignored the order, and struck an arresting officer. The Spirit Lake Tribe tried and convicted him of “violence to a policeman,” and he served 90 days. The Federal Government then charged him with assaulting a federal officer for related conduct, and he claimed the second prosecution violated the constitutional ban on being tried twice for the same offense.

Reasoning

The Court considered whether the tribal trial came from the tribe’s own inherent authority or from federal authority. After this Court had earlier held tribes could not prosecute nonmember Indians, Congress amended the Indian Civil Rights Act, 25 U.S.C. §1301(2), saying it “recognize[s] and affirm[s]” tribes’ “inherent” power to exercise criminal jurisdiction over all Indians. The Court found the statute and its history showed Congress intended to relax prior restrictions, and it concluded Congress has the constitutional power to do so. Because the tribe acted as a separate sovereign, the Double Jeopardy protection did not bar the later federal prosecution. The Court reversed the Eighth Circuit’s judgment.

Real world impact

The decision means tribal convictions and later federal charges can both proceed in these situations because two sovereigns acted. It affects nonmember Indians who live or are present on reservations, tribal courts that prosecute misdemeanors, and federal prosecutors deciding whether to bring separate charges. The Court did not resolve separate constitutional claims about the fairness of some tribal procedures, so those issues can be raised in future cases.

Dissents or concurrances

Several Justices agreed with the outcome but differed about the reasoning: one stressed tribes’ historical sovereignty, another would accept Congress’s wording but doubted the constitutional basis, and another urged reexamining tribal-sovereignty doctrine. Two Justices dissented, saying Congress could not restore inherent tribal criminal power and that the statute should be read as a federal delegation.