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Published byNikolas Wollen Modified over 10 years ago
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An exercise that can strengthen Tribal Sovereignty
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Recognizing the reasons to use this approach Financial sense Common sense for individuals, families and communities
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Can also strengthen Tribal Sovereignty Promoting the health of our Tribal systems
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The Supreme Court cases that make up the legal landscape for the outsider view of Tribal sovereignty: Marshall Trilogy Oliphant Montana
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Tribes retain inherent sovereignty, under this case, to: 1) govern their own purely internal affairs 2) regulate those who consent to Tribal authority, primarily in commercial settings, and 3) regulate the conduct of non Indians that threatens or directly affects the political integrity, economic security or the health or welfare of the Tribe.
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In Montana – the federal government recognizes Tribal authority to regulate the conduct of non Indians that threatens or directly affects the political integrity, economic security or the health or welfare of the Tribe.
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Public health law fits well into the Montana framework Public health law is regulation that secures the health and welfare of the people Can be an excellent foundation for the exercise of authority
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