4 votes

Constitutional rights on tribal reservations

Hey, so I know that apparently citizens of reservations are under the rule of the tribe that the land is reserved for, but what about US Citizens on tribal land?

Do we forfeit our constitutional rights once we step onto a reservation despite the fact that it's US owned land, or does the bill of rights still apply? For example, if I was stopped by a cop on a reservation, do I still have the right to remain silent, refuse searches, etc?

I tried googling this first, but didn't find any concrete evidence for US non-tribal citizens.

Just to avoid confusion:
http://constitution.org/powright.htm



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I think it would be like if you were stopped by

police in Canada. Just because you're an American citizen doesn't mean you're protected by the U.S. Constitution. Tribes are literally nations within a nation. It would depend on the laws of the tribe. I would imagine they're not much different though. Although, to be perfectly honest, I have no idea how tribal laws differ from our own and each other.

Thank you, this is the exact

Thank you, this is the exact type of answer I was looking for. I don't know a whole lot about tribal law and how it relates to the surrounding land, or the scope of tribal sovereignty (if it was complete or partial sovereignty), which you've addressed. Thank you!

There is no such a thing as

There is no such a thing as "constitutional rights" and never was. Get educated on it, otherwise we are going nowhere.

http://en.wikipedia.org/wiki/

http://en.wikipedia.org/wiki/Constitutional_right
http://en.wikipedia.org/wiki/Bill_of_Rights

Follow your own advice?

I wasn't speaking of inalienable rights.

And what the heck would you call for example, the right to bear arms if that's not a constitutional right? It's definitely not an inalienable right!

You won, dude.

There is such a thing as constitutional right.
Please take them all. Will see how many of them you get.
That's my point.
If you will be believe, you got the rights from constitution, which is not a document which applies to us, the people, but the government, then take them all.
That is exactly my point. It just you don't get it.
I will take any time rights I got at birth. I dont have them written on any paper. I know what they are.
-----------
wikipedia
Since people like you believe there are constitutional rights, sure you find them in wikipedia.
It's a good source of information written by misinformed for misinformed.
You probably find in it term Democratic Republic, which is oxymoron and many believe this country is such.
Wikipedia? Really, dude.
What's up with that?

You completely missed the

You completely missed the point of my question and are making it way more complicated than it needs to be because you're freaking out over wording.

Do constitutional limitations apply to police officers on Indian reservations? Also, I provided a constitution.org reference in my OP, so stop with the attacks, I don't know if you're trying to validate yourself or what, but you're hijacking the topic for no reason.

If you don't know the answer to whether I have, say, the right to remain silent and want to freak out over how I worded it, then by all means, go ahead. You can't handle being wrong, can you?

Does the bill of rights apply to a US Citizen on reservation grounds? Do you have the right to a fair and speedy trial, a right to remain silent, etc? This is what I'm asking. It's not a rhetorical philisophical question, I legitimately want to know what my rights are if I'm pulled over on a reservation ground. FFS. Can you stop trying to change this into a different discussion?

Also, what would you call those rights if not constitutional rights?
Those first 10 amendments are called the Bill of Rights, not the Bill of Limitations. The constitution applies to the citizens and the government, not one or the other, just to add in that even your digression is incorrect, but nevertheless, you're way off topic.

It seems that you cant grasp

It seems that you cant grasp the fact that constitution has nothing to with rights, but everything to do with the limitations of government.
People who care about the rights should not invoke the constitution.
You can go to any court on this land and invoke your constitutional rights and every judge will laugh at you. Then he will rule the way you think he stumbled on your rights. And he will have all the means to do it and he will be right and you will wrong and sad, or perhaps furious.
And the simple fact is he knows that you have no any "constitutional rights", so when you will invoke them it will have same effect on ruling, like you would invoke Sun-God as a source of your rights.

I think what the poster means

Is our natural rights protected by our Constitution. When people say "constitutional rights" they don't mean that those rights are given by the Constitution.

“It is not our part to master all the tides of the world, but to do what is in us for the succour of those years wherein we are set, uprooting the evil in the fields that we know, so that those who live after may have clean earth to till." -J.R.R. Tolkien

Basically, it was more of do

Basically, it was more of do I have 4th and 5th amendment rights if I step onto tribal land, since it is federally owned, but at the same time, I know that they're sovereign despite the fact it is US soil, just wanted to know what my rights were, say for example if a cop stopped you on a reservation?

From what I gather, however, it's as if I was in a completely different country, correct?

Still. They should say what

Still. They should say what they mean, because they may not understand what they talking about.
For instance; they may still believe we suppose to be Democracy (which is a scam on people).
I provoke discussion on purpose.
"natural rights protected by our Constitution"
this is not precise either.
We have rights enumerated (not given) in Bill of Rights. And contitution is a way to create barriers and the scope of activity for the gov. to protect peoples rights. But Const. is not giving nor enumerating any rights. We got them at birth.
And by the way.
We all should stop be so excited when we envoke the const. It just a piece of paper to us. They, the Gov. should cherish it. It really protects them. Because, as long as they act in accordance to it, they would not suppose to have reasons to fear us. They are excused.

Above poster actually had it

Above poster actually had it right to an extent, I meant the right guaranteed in the bill of rights. Dude, you are tripping heavily on semantics. Our inalienable rights are stated to be Life, Liberty, and the Pursuit of Happines in the Declaration of Independence.... that's not the bill of rights, lol.

I said nothing about

I said nothing about inalienable rights.
BTY, since you mentioned it.
It is really, and should be read, UN-lienable rights(like in liens, like mechanic liens)(monetary term).
Declaration of Independece is a trust document, actually is a thrift trust declaration (declaration is one of the forms of creating trusts).
We will discuss this further, if you exhibit any understanding of concept of trust.
Dude.

I'm not here to discuss your

I'm not here to discuss your little self-esteem complex semantic issues. All I want to know is if i say, have the right to remain silent, refuse searches, etc if I'm pulled over on an indian reservation.

We can continue this discussion if you're able to comprehend that's all I want to know. Spare me your life story, you talk way too much.

Also: http://dictionary.reference.com/browse/inalienable

You're not John Adams.

Inalienable rights

The constitutions says we have inalienable right given by the creator. If the elected representatives did what they were supposed to do you would be treated like a US citizen by them who ever and where ever they encounter you. That being said they have all broken their oath of office for allowing Gitmo and supporting NDAA, TSA ...... so I would flee to the reservation and ask for political asylum.

Actually, I believe that's

Actually, I believe that's the Declaration of Independence that has the inalienable rights. :)