PUBLIC HEALTH LAW An exercise that can strengthen

PUBLIC HEALTH LAW An exercise that can strengthen Tribal Sovereignty

Public Health Law � � � Recognizing the reasons to use this approach Financial sense Common sense for individuals, families and communities

Public Health Law � � Can also strengthen Tribal Sovereignty Promoting the “health” of our Tribal systems

Tribal Sovereignty � � The Supreme Court cases that make up the legal landscape for the outsider view of Tribal sovereignty: Marshall Trilogy Oliphant Montana

Montana v. United States � � 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.

Looking at the Language � 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. ”

Montana and Public Health � � � 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