Summary

Kennerly v. District Court of the Ninth Judicial District of Montana…

With regard to the particular question of the extension of state jurisdiction over civil causes of action by or against Indians arising in Indian country, there was, at the time of the Tribal Council resolution, a 'governing Act of Congress,' i.e., the Act of 1953. Section 7 of that statute conditioned the assumption of state jurisdiction on 'affirmative legislative action' by the State; the Act made no provision whatsoever for tribal consent, either as a necessary or sufficient condition to the assumption of state jurisdiction.
Source: Wikisource

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