United States v. Billy Jo Lara

Summary

This case decides whether Congress has the constitutional power to relax restrictions on tribal sovereignty through legislation that recognizes inherent tribal authority to prosecute nonmember Indians. The Court concludes that Congress does possess this power, allowing the dual sovereignty doctrine to apply to tribal prosecutions. Consequently, the Double Jeopardy Clause does not bar the federal government from subsequently prosecuting a defendant who was already convicted in tribal court for a separate offense. Justice Souter dissents, arguing such jurisdiction relies on congressional delegation of federal power, which would bar the federal prosecution. Justices Thomas and Kennedy concur in the judgment, expressing doubts about the constitutional basis of the Court's holding.