Several Senators from states with large Native American populations voted in favor of the amendment that would have continued to deny much needed protections for Native American women. Those voting in favor of Coburn’s amendment included Sen. John Thune (R-SD), John McCain (R-AZ), and James Inhofe (R-OK).
WASHINGTON – The Senate voted late Tuesday afternoon to reauthorize the Violence Against Women Act, including the highly contested tribal provisions that had been holding up the reauthorization of the law for some time now.
The version that was reauthorized by the Senate today affords many protections for Native American Women and includes language that gives tribes the authority to prosecute non-Native offenders who are accused of committing crimes on reservations in tribal courts.
Several Republican lawmakers have opposed the expansion of the jurisdiction of tribal courts to prosecute non-Native offenders claiming that this expansion is unconstitutional. Sen. Coburn (R-OK), has been one of several GOP lawmakers who have voiced concerns with allowing the bill to move forward if the tribal provision were included.
“While I recognize that domestic violence is a serious problem in Indian country, this language is troublesome for several reasons, and should be removed. Indian courts are not bound by the United States Constitution. As a result, the Bill of Rights does not apply in Indian courts; instead, most of the protections are preserved because of the Indian Civil Rights Act, but it does not preserve all rights,” said Sen. Tom Coburn(R-OK) in a statement. “This bill sets dangerous precedent, and we must recognize the problems that will ensue,” he added.
Despite claims by Republicans that the tribal provisions are unconstitutional, legal precedence has established the fact that almost all of Federal Indian Law operates in an extra-constitutional realm. In addition Congress does have plenary power over Indian Country allowing for them to draft and pass laws that are operational outside of traditional constitutional restraints.
On Monday, an amendment proposed by Sen. Coburn, that sought to strip S.47 of its tribal provisions was defeated 31-59. The vote largely fell along party lines with only four republicans choosing to vote against the amendment. The four republicans who voted against the amendment were Mark Kirk (R-IL), Mike Crapo (R-ID), Lisa Murkowski (R-AK), and Susan Collins (R-ME)
Several Senators from states with large Native American populations voted in favor of the amendment that would have continued to deny much needed protections for Native American women. Those voting in favor of Coburn’s amendment included Sen. John Thune (R-SD), John McCain (R-AZ), and James Inhofe (R-OK).
The bill will now be considered by the US House of Representatives where it is expected to be contested by a number of law makers who have also voiced concerns over the tribal provisions, a list that includes House Majority Leader Rep. Eric Cantor (R-VA), and Rep. Kristi Noem (R-SD). A spokesmen from Noem’s office told Native Sun News late last year that the congresswoman is concerned that the bill does not allocate sufficient resources for tribes to implement the law.
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Published with permission of Native Sun News