Native American Church v. Navajo Tribal Council
"Native American Church v. Navajo Tribal Council" is a significant legal case from 1958 that centers around the conflict between the Navajo Tribal Council and the Native American Church regarding the use of peyote, a sacramental substance for the church. The Navajo Tribal Council enacted an ordinance prohibiting the introduction of peyote onto the Navajo Reservation, which prompted members of the church to challenge this law in federal court. They argued that the ordinance violated their First and Fourteenth Amendment rights, specifically their rights to freedom of religion and protection against oppressive regulations.
In 1959, the U.S. Court of Appeals ruled in favor of the Navajo Tribal Council, affirming that tribal governments possess sovereignty and are not obligated to adhere to the U.S. Constitution unless explicitly stated. This ruling reinforced the authority of tribal councils to govern their internal affairs without federal interference. However, it also sparked discussions in Congress about the need to enhance individual rights within tribal jurisdictions, eventually contributing to the passage of the American Indian Civil Rights Act in 1968. This act mandates that tribes uphold the freedom of religion for individuals under their governance, marking a critical intersection of tribal sovereignty and individual rights in Native American law.
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Native American Church v. Navajo Tribal Council
In 1958, the Navajo Tribal Council, in an effort to limit activities of the Native American Church on its reservation, enacted an ordinance making it illegal to bring peyote onto the Navajo Reservation. Navajo members of the Native American Church filed a suit against the tribe in federal court charging the ordinance violated their First and Fourteenth Amendment rights. They claimed their rights to freedom of religion and to protection against arbitrary and oppressive ordinances were totally disregarded.
In 1959, the United States Court of Appeals heard the case and sided with the Navajo tribe, ruling that tribal councils existed prior to the establishment of the United States and so were not bound to uphold the United States Constitution unless “they have expressly been required to surrender [their sovereign powers] by the superior sovereign, the United States.” The decision upheld tribal sovereignty and the right of tribes to manage their own internal affairs without interference. However, the decision also caused many in Congress to perceive a need to lessen tribal authority and extend certain basic constitutional protections to individuals living under tribal governments. Native American Church v. Navajo Tribal Council influenced passage of the American Indian Civil Rights Act (1968) by Congress, which, in part, requires tribes to guarantee an individual’s freedom of religion when living under tribal governance.
Bibliography
Iverson, Peter, and Monty Roessel. Diné: A History of the Navajos. Albuquerque: U of New Mexico P, 2003. Print.
Merriman, Scott A. Religion and the Law in America: An Encyclopedia of Personal Belief and Public Policy. Santa Barbara: ABC-CLIO, 2007. Print.
Prucha, Francis Paul, ed. Documents of United States Indian Policy. 3rd ed. Lincoln: U of Nebraska P, 2000. Print.
Seelye, James E., and Steven A. Littleton. Voices of the American Indian Experience. Santa Barbara: Greenwood, 2013. Print.
Wilkins, David, and Tsianina Lomawaima. Uneven Groud: American Indian Sovereignty and Federal Law. Norman: U of Oklahoma P, 2002. Print.