wheeler
argued
january
decided
march
respondent
member
navajo
tribe
pleaded
guilty
tribal
charge
contributing
delinquency
minor
sentenced
subsequently
indicted
federal
grand
jury
statutory
rape
arising
incident
moved
dismiss
indictment
ground
since
tribal
offense
contributing
delinquency
minor
lesser
included
offense
statutory
rape
tribal
proceeding
barred
subsequent
federal
prosecution
district
granted
motion
appeals
affirmed
holding
since
tribal
courts
federal
district
courts
arms
separate
sovereigns
double
jeopardy
clause
fifth
amendment
barred
respondent
federal
trial
held
double
jeopardy
clause
bar
federal
prosecution
pp
controlling
question
source
indian
tribe
power
punish
tribal
offenders
whether
part
inherent
tribal
sovereignty
aspect
sovereignty
federal
government
delegated
tribes
congress
pp
indian
tribes
still
possess
aspects
sovereignty
withdrawn
treaty
statute
implication
necessary
result
dependent
status
pp
evident
treaties
navajo
tribe
various
statutes
establishing
federal
criminal
jurisdiction
crimes
involving
indians
navajo
tribe
never
given
sovereign
power
punish
tribal
offenders
power
implicitly
lost
virtue
indian
dependent
status
thus
tribal
exercise
power
presently
continued
exercise
retained
tribal
sovereignty
pp
moreover
power
attributable
delegation
federal
authority
pp
indian
tribe
criminally
punishes
tribe
member
violating
tribal
law
tribe
acts
independent
sovereign
arm
federal
government
talton
mayes
since
tribal
federal
prosecutions
brought
separate
sovereigns
offence
double
jeopardy
clause
thus
bar
one
occurred
pp
limit
dual
sovereignty
concept
successive
state
federal
prosecutions
respondent
urges
result
case
undesirable
consequences
tribal
prosecution
relatively
minor
offense
bar
federal
prosecution
much
graver
one
thus
depriving
federal
government
right
enforce
laws
congress
solve
problem
depriving
indian
tribes
criminal
jurisdiction
altogether
abridgment
tribes
sovereign
powers
might
equally
undesirable
see
abbate
pp
stewart
delivered
opinion
members
joined
except
brennan
took
part
consideration
decision
case
stephen
urbanczyk
argued
cause
brief
solicitor
general
mccree
assistant
attorney
general
civiletti
deputy
solicitor
general
barnett
jerome
feit
michael
farrell
thomas
argued
cause
filed
brief
respondent
justice
stewart
delivered
opinion
question
presented
case
whether
double
jeopardy
clause
fifth
amendment
bars
prosecution
indian
federal
district
major
crimes
act
previously
convicted
tribal
lesser
included
offense
arising
incident
october
respondent
member
navajo
tribe
arrested
tribal
police
officer
bureau
indian
affairs
high
school
many
farms
navajo
indian
reservation
taken
tribal
jail
chinle
charged
disorderly
conduct
violation
title
navajo
tribal
code
october
two
days
arrest
respondent
pleaded
guilty
disorderly
conduct
charge
contributing
delinquency
minor
violation
title
navajo
tribal
code
sentenced
days
jail
fine
first
charge
days
jail
served
concurrently
jail
term
fine
second
year
later
november
indictment
charging
respondent
statutory
rape
returned
grand
jury
district
district
arizona
respondent
moved
dismiss
indictment
claiming
since
tribal
offense
contributing
delinquency
minor
lesser
included
offense
statutory
rape
proceedings
taken
place
tribal
barred
subsequent
federal
prosecution
see
brown
ohio
district
rejecting
prosecutor
argument
identity
sovereignties
navajo
tribal
courts
courts
dismissed
indictment
appeals
ninth
circuit
affirmed
judgment
dismissal
concluding
since
indian
tribal
courts
district
courts
arms
separate
sovereigns
double
jeopardy
clause
barred
respondent
trial
granted
certiorari
resolve
intercircuit
conflict
ii
bartkus
illinois
abbate
reaffirmed
principle
federal
prosecution
bar
subsequent
state
prosecution
person
acts
state
prosecution
bar
federal
one
basis
doctrine
prosecutions
laws
separate
sovereigns
language
fifth
amendment
subject
defendant
offence
twice
put
jeopardy
offence
legal
signification
means
transgression
law
every
citizen
also
citizen
state
territory
may
said
owe
allegiance
two
sovereigns
may
liable
punishment
infraction
laws
either
act
may
offense
transgression
laws
either
may
see
fit
punish
offender
doubted
yet
truly
averred
offender
twice
punished
offence
one
act
committed
two
offences
justly
punishable
moore
illinois
dual
sovereignty
concept
apply
however
every
instance
successive
cases
brought
nominally
different
prosecuting
entities
grafton
held
soldier
acquitted
murder
federal
retried
offense
territorial
philippines
puerto
rico
shell
reiterated
successive
prosecutions
federal
territorial
courts
impermissible
courts
creations
emanating
sovereignty
similarly
waller
florida
held
city
state
political
subdivision
bring
successive
prosecutions
unlawful
conduct
growing
episode
despite
fact
state
law
treated
two
separate
sovereignties
respondent
contends
appeals
held
dual
sovereignty
concept
apply
successive
prosecutions
indian
tribe
indian
tribes
sovereigns
derive
power
punish
crimes
federal
government
argument
relies
undisputed
fact
congress
plenary
authority
legislate
indian
tribes
matters
including
form
government
winton
amos
heff
lone
wolf
hitchcock
talton
mayes
federal
power
respondent
argues
tribes
merely
arms
federal
government
words
brief
owe
existence
vitality
solely
political
department
federal
government
think
respondent
appeals
relying
federal
control
indian
tribes
misconceived
distinction
cases
dual
sovereignty
concept
applicable
true
territories
subject
ultimate
control
congress
cities
control
state
created
fact
relied
upon
basis
decisions
grafton
shell
waller
differentiated
cases
bartkus
abbate
extent
control
exercised
one
prosecuting
authority
rather
ultimate
source
power
respective
prosecutions
undertaken
bartkus
abbate
rest
basic
structure
federal
system
national
government
separate
political
communities
state
federal
governments
derive
power
different
sources
organic
law
established
lanza
power
inherent
sovereign
independently
determine
shall
offense
authority
punish
offenses
exercising
sovereignty
ibid
well
federal
government
subject
overriding
requirements
federal
constitution
supremacy
clause
gives
congress
within
sphere
power
enact
laws
superseding
conflicting
laws
degree
federal
control
exercise
state
governmental
power
detract
fact
state
sovereignty
origin
power
contrast
cities
sovereign
entities
rather
traditionally
regarded
subordinate
governmental
instrumentalities
created
state
assist
carrying
state
governmental
functions
reynolds
sims
city
nothing
agency
state
williams
eggleston
power
define
punish
crimes
exists
power
granted
state
power
derive
source
creation
mount
pleasant
beckwith
said
waller
florida
supra
judicial
power
try
petitioner
municipal
springs
organic
law
created
state
general
jurisdiction
similarly
territorial
government
entirely
creation
congress
judicial
tribunals
exert
powers
authority
grafton
supra
see
cincinnati
soap
kagama
american
ins
canter
pet
territorial
government
enacts
enforces
criminal
laws
govern
inhabitants
acting
independent
political
community
like
state
agency
federal
government
domenech
national
city
bank
thus
federal
territory
nation
city
state
one
system
government
laws
operating
within
limits
benner
porter
city
state
territory
nation
two
separate
sovereigns
citizen
owes
separate
allegiance
meaningful
sense
one
alone
dual
sovereignty
concept
bartkus
abbate
permit
single
sovereign
impose
multiple
punishment
single
offense
merely
expedient
establishing
multiple
political
subdivisions
power
punish
crimes
iii
undisputed
indian
tribes
power
enforce
criminal
laws
tribe
members
although
physically
within
territory
subject
ultimate
federal
control
nonetheless
remain
separate
people
power
regulating
internal
social
relations
kagama
supra
cherokee
nation
georgia
pet
right
internal
includes
right
prescribe
laws
applicable
tribe
members
enforce
laws
criminal
sanctions
antelope
talton
mayes
ex
parte
crow
dog
see
ed
infra
discussed
part
ii
controlling
question
case
source
power
punish
tribal
offenders
part
inherent
tribal
sovereignty
aspect
sovereignty
federal
government
delegated
tribes
congress
powers
indian
tribes
general
inherent
powers
limited
sovereignty
never
extinguished
cohen
handbook
federal
indian
law
emphasis
original
coming
europeans
tribes
sovereign
political
communities
see
mcclanahan
arizona
state
tax
like
sovereign
bodies
inherent
power
prescribe
laws
members
punish
infractions
laws
indian
tribes
course
longer
possessed
full
attributes
sovereignty
kagama
supra
incorporation
within
territory
acceptance
protection
necessarily
divested
aspects
sovereignty
previously
exercised
specific
treaty
provision
yielded
sovereign
powers
statute
exercise
plenary
control
congress
removed
still
others
cases
recognize
indian
tribes
given
full
sovereignty
recently
said
indian
tribes
unique
aggregations
possessing
attributes
sovereignty
members
territory
good
deal
private
voluntary
organizations
mazurie
see
also
turner
cherokee
nation
georgia
supra
sovereignty
indian
tribes
retain
unique
limited
character
exists
sufferance
congress
subject
complete
defeasance
congress
acts
tribes
retain
existing
sovereign
powers
sum
indian
tribes
still
possess
aspects
sovereignty
withdrawn
treaty
statute
implication
necessary
result
dependent
status
see
oliphant
suquamish
indian
tribe
ante
evident
sovereign
power
punish
tribal
offenders
never
given
navajo
tribe
tribal
exercise
power
today
therefore
continued
exercise
retained
tribal
sovereignty
although
treaties
executed
tribe
provided
punishment
navajos
commit
crimes
nothing
either
deprived
tribe
jurisdiction
charge
try
punish
members
tribe
violations
tribal
law
contrary
said
mplicit
treaty
terms
understanding
internal
affairs
indians
remained
exclusively
within
jurisdiction
whatever
tribal
government
existed
williams
lee
see
also
warren
trading
post
tax
similarly
statutes
establishing
federal
criminal
jurisdiction
crimes
involving
indians
recognized
indian
tribe
jurisdiction
members
first
indian
trade
intercourse
act
act
july
stat
provided
federal
government
punish
offenses
committed
indians
citizen
inhabitant
mention
crimes
committed
indians
federal
criminal
jurisdiction
extended
crimes
committed
within
indian
country
indian
person
persons
offence
committed
one
indian
another
within
indian
boundary
excluded
act
mar
ch
stat
indian
trade
intercourse
act
stat
congress
enacted
direct
progenitor
general
crimes
act
ed
makes
federal
enclave
criminal
law
generally
applicable
crimes
indian
country
statute
congress
carried
forward
offense
exception
tribes
exclusive
jurisdiction
offenses
justice
propriety
extend
laws
congress
expressly
recognized
jurisdiction
tribal
courts
added
another
exception
general
crimes
act
providing
federal
courts
try
indian
punished
local
law
tribe
act
mar
stat
thus
far
depriving
indian
tribes
sovereign
power
punish
offenses
tribal
law
members
tribe
congress
repeatedly
recognized
power
declined
disturb
moreover
sovereign
power
tribe
prosecute
members
tribal
offenses
clearly
fall
within
part
sovereignty
indians
implicitly
lost
virtue
dependent
status
areas
implicit
divestiture
sovereignty
held
occurred
involving
relations
indian
tribe
nonmembers
tribe
thus
indian
tribes
longer
freely
alienate
land
occupy
oneida
indian
nation
county
oneida
johnson
wheat
enter
direct
commercial
governmental
relations
foreign
nations
worcester
georgia
pet
cherokee
nation
georgia
fletcher
peck
cranch
johnson
concurring
recently
held
try
nonmembers
tribal
courts
oliphant
suquamish
indian
tribe
ante
limitations
rest
fact
dependent
status
indian
tribes
within
territorial
jurisdiction
necessarily
inconsistent
freedom
independently
determine
external
relations
powers
including
power
prescribe
enforce
internal
criminal
laws
different
type
involve
relations
among
members
tribe
thus
powers
necessarily
lost
virtue
tribe
dependent
status
settled
doctrine
law
nations
weaker
power
surrender
independence
right
self
government
associating
stronger
taking
protection
worcester
georgia
supra
navajo
tribe
power
punish
offenses
tribal
law
committed
members
aspect
retained
sovereignty
supported
absence
federal
grant
power
navajo
merely
exercise
delegated
federal
sovereignty
delegation
logically
appear
somewhere
provision
relevant
treaties
statutes
confers
right
general
power
punish
crimes
particular
upon
tribe
true
exercise
powers
matters
navajo
tribe
like
indian
tribes
remains
subject
ultimate
federal
control
thus
navajo
tribal
council
created
present
tribal
code
tribal
courts
bureau
indian
affairs
established
code
indian
tribal
offenses
indian
offenses
reservation
see
cfr
part
cf
pursuant
federal
regulations
present
tribal
code
approved
secretary
interior
becoming
effective
see
cfr
moreover
indian
reorganization
act
stat
act
apr
stat
authorized
tribe
adopt
constitution
indian
civil
rights
act
stat
made
provisions
bill
rights
applicable
indian
tribes
limited
punishment
tribal
courts
impose
imprisonment
six
months
fine
none
laws
created
indians
power
govern
right
punish
crimes
committed
tribal
offenders
indeed
act
rehabilitation
act
recognized
indian
tribes
already
power
existing
law
see
powers
indian
tribes
congress
certain
ways
regulated
manner
extent
tribal
power
mean
congress
source
power
sum
power
punish
offenses
tribal
law
committed
tribe
members
part
navajos
primeval
sovereignty
never
taken
away
either
explicitly
implicitly
attributable
way
delegation
federal
authority
follows
navajo
tribe
exercises
power
part
retained
sovereignty
arm
federal
government
conclusion
indian
tribe
power
punish
tribal
offenders
part
retained
sovereignty
clearly
reflected
case
decided
years
ago
talton
mayes
cherokee
indian
charged
murdering
another
cherokee
indian
territory
claimed
indictment
tribe
defective
grand
jury
clause
fifth
amendment
holding
fifth
amendment
apply
tribal
prosecutions
stated
case
depends
upon
whether
powers
local
government
exercised
cherokee
nation
federal
powers
created
springing
constitution
hence
controlled
fifth
amendment
constitution
whether
local
powers
created
constitution
although
subject
general
provisions
paramount
authority
congress
repeated
adjudications
long
since
answered
former
question
negative
true
many
adjudications
fact
fully
recognized
although
possessed
attributes
local
self
government
exercising
tribal
functions
rights
subject
legislative
authority
existence
right
congress
regulate
manner
local
powers
cherokee
nation
shall
exercised
render
local
powers
federal
powers
arising
created
constitution
iv
respondent
contends
despite
fact
successive
tribal
federal
prosecutions
offence
dual
sovereignty
concept
limited
successive
state
federal
prosecutions
accept
restrictive
view
concept
view
noted
require
disregard
words
double
jeopardy
clause
moreover
sort
undesirable
consequences
identified
abbate
occur
successive
tribal
federal
prosecutions
barred
despite
fact
tribal
federal
courts
arms
separate
sovereigns
tribal
courts
impose
punishment
excess
six
months
imprisonment
fine
hand
federal
jurisdiction
crimes
committed
indians
includes
many
major
offenses
thus
federal
prosecution
major
crime
tribal
prosecution
lesser
included
offense
possible
defendant
often
face
potential
mild
tribal
punishment
federal
punishment
substantial
severity
indeed
respondent
present
case
faced
possibility
federal
sentence
years
prison
received
tribal
sentence
days
small
fine
case
prospect
avoiding
severe
federal
punishment
surely
motivate
member
tribe
charged
commission
offense
seek
stand
trial
first
tribal
tribal
prosecution
held
bar
federal
one
important
federal
interests
prosecution
major
offenses
indian
reservations
frustrated
problem
course
solved
congress
exercise
plenary
power
tribes
chose
deprive
criminal
jurisdiction
altogether
fundamental
abridgment
powers
indian
tribes
might
thought
undesirable
federal
state
criminal
jurisdiction
avoided
conflict
bartkus
abbate
indian
tribes
distinct
political
communities
mores
laws
worcester
georgia
kansas
indians
wall
enforced
formal
criminal
proceedings
tribal
courts
well
less
formal
means
significant
interest
maintaining
orderly
relations
among
members
preserving
tribal
customs
traditions
apart
federal
interest
law
order
reservation
tribal
laws
procedures
often
influenced
tribal
custom
differ
greatly
see
ex
parte
crow
dog
thus
tribal
courts
important
mechanisms
protecting
significant
tribal
interests
federal
tribe
jurisdiction
punish
members
infractions
tribal
law
detract
substantially
tribal
federal
state
criminal
jurisdiction
trench
upon
important
state
interests
thus
bartkus
abbate
persuasive
reasons
reject
respondent
argument
arbitrarily
ignore
settled
dual
sovereignty
concept
applies
successive
tribal
federal
prosecutions
accordingly
judgment
appeals
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
record
reveal
sentence
navajo
tribal
carried
indictment
charged
day
october
district
arizona
within
navajo
indian
reservation
indian
country
anthony
robert
wheeler
indian
male
carnally
know
female
indian
wife
attained
age
sixteen
years
fifteen
years
age
violation
title
code
sections
time
indictment
provided
relevant
part
indian
commits
person
property
another
indian
person
following
offenses
namely
carnal
knowledge
female
wife
attained
age
sixteen
years
within
indian
country
shall
subject
laws
penalties
persons
committing
offenses
within
exclusive
jurisdiction
major
crimes
act
since
amended
respects
relevant
indian
crimes
act
stat
title
ed
applicable
within
areas
exclusive
federal
jurisdiction
punishes
carnal
knowledge
female
years
age
defendant
wife
imprisonment
years
holding
district
appeals
tribal
offense
contributing
delinquency
minor
included
within
federal
offense
statutory
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noted
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illinois
century
cases
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criminal
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volstead
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criminal
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bartkus
illinois
prohibition
double
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philippines
act
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act
july
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previous
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statute
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pittsburgh
williams
eggleston
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lanza
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trenton
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hunter
pittsburgh
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worcester
street
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american
ins
canter
pet
thus
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punishment
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mcbratney
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instant
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contain
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need
decide
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cf
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tribe
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see
right
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penalty
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regulate
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affairs
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committed
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referred
treaties
made
indians
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winans
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courts
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provisions
tribal
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navajo
tribal
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titles
navajo
tribal
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exist
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traditional
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whether
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clearly
view
tribal
matter
retained
sovereignty
rather
congressional
grant
department
interior
federal
indian
law
powers
indian
tribes
see
also
final
report
american
indian
policy
review
commission
emphasizing
navajo
tribe
never
lost
sovereign
power
try
tribal
criminals
mean
imply
tribe
deprived
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congress
necessarily
arm
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government
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question
us
express
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cf
mescalero
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state
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jurisdiction
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ed
see
supra
crimes
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jurisdiction
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stone
see
keeble
describing
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enactment
major
crimes
act
moreover
since
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criminal
jurisdiction
indians
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well
offenses
independent
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interest
protected
see
supra
federal
government
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power
protect
interests
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word
language
dine
people
term
constant
reminder
navahos
still
constitute
society
individual
strong
sense
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others
speak
language
token
strong
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difference
isolation
rest
humanity
kluckhohn
leighton
navaho
rev
ed
traditional
tribal
justice
tends
informal
consensual
rather
adjudicative
often
emphasizes
restitution
rather
punishment
see
final
report
american
indian
policy
review
commission
hagan
indian
police
judges
van
valkenburgh
navajo
common
law
museum
northern
arizona
notes
see
generally
materials
price
law
american
indian
tribal
courts
kinds
including
courts
indian
offenses
see
supra
handled
estimated
cases
final
report
american
indian
policy
review
commission