Amend or repeal public law 280?

While some tribes are calling for an amendment or repeal of P.L. 280, what are the protections for members who have had their rights violated by corrupt factions of a tribal government? What are the protections for Indians who have allotted land on Reserves from retaliation from corrupt tribal governments?

P.L. 280 is a maze of complexity that pits state jurisdiction against tribal sovereignty, criminal laws against regulatory issues, and has caused discontent, confusion, and, in some cases, tragedy in Indian country and among some state and local law enforcement and criminal justice officials. When P.L. 280 was passed in 1953, it was an expression of the federal government’s intention to terminate its relationship with Indian tribes and force their members into mainstream society by subjecting them to state law. The law gave criminal justice jurisdiction to six states – without tribal consent. The empowered states got to enforce their statewide criminal laws against Indians and non-Indians who committed offences in Indian country on reservations. Between 1953 and 1968 when the Indian Civil Rights Act passed, states could opt in to P.L. 280 without tribes’ consent. After 1968, states needed a positive vote from tribes in order to adopt P.L. 280. But to this day, states can opt out – or retrocede – from P.L. 280, handing criminal jurisdiction on tribal lands back to the federal government, while tribes have no such option.Over the years, P.L. 280 has generated huge conflicts on borderline issues between criminal laws and regulatory laws conflicts, Goldberg said. For example, are speeding laws driving regulations or criminal prohibitions against driving too fast? The answer would determine whether a tribe or state has jurisdiction over such a traffic violation.

Carol what happens to corrupt tribal governments when they trample on their members Civil Rights, who is leaning on tribes to follow their constitutions and bylaws?