Legal Question in Native American Law in Michigan

Re: Federal civial rights by an Indian Tribe

Objection! Compound question.

Taking the first question first, if a tribal council violated only the tribe's constitution and no provision of federal law (or, under certain circumstances, we might inquire if any provision of state law had been violated either), then the matter would be, presumably, solely a matter for the sovereign tribal entity to decide. That would be like a "political question" under US Constitutional law. That is, certain questions are just left for the political branches to thrash out. Only the principle of republican government iteslf (no tyranny; no armed revolution) restricts the political functions of the US political branches. The tribal councils occupy an analogous role in the tribes.

Second, certain civil rights are protected by law external to tribal law. Some state criminal statutes might apply. Federal crimes may have been committed. Rights affected may be subject to specific federal law. Rights guaranteed under the US Constitution are also GENERALLY guaranteed to tribal members, but interpretation in such an instance might not follow familiar principles of interpretation worked out in the jurisprudence affecting federal constitutiional limitations on state function.

When this question becomes more general and less theortical, shopping for advice from a variety of experienced Indian law lawyers will be absolutely essential.