Lately, we’ve heard a lot about the notion of “lawlessness” and the need to restore “law and order” within the United States. For Indigenous nations, “law and order” has a particularly loaded past. Tribes have watched the United States, a country that prides itself on the rule of law, systematically disregard its own laws, unilaterally abrogate its own treaties, and, at times, disregard the decisions of its own Supreme Court.
The Supreme Court’s rebuke is powerful: “Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law.” When practical law enforcement issues arise, the tribes and state and federal officials will partner to work out the details. With or without, Oklahoma is home to 38 federally recognized tribes, most with tribal courts and law enforcement of their own. Hundreds of tribal-state cross-deputization agreements are already in place that address arrest powers, extradition, and 911 emergency response. Oklahoma’s criminal docket will decline to some extent.
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