Kansas Act of 1940

rdf:langString Kansas Act of 1940

rdf:langString The Kansas Act of 1940 addressed the means by which Congress could use its power under the Indian Commerce Clause to authorize a state's ability to exercise jurisdiction in certain instances. Because the inherent sovereignty of Indian nations generally precluded state jurisdiction over Indian country, the Act became one of the first legislative actions to permit state jurisdiction over most offenses committed by or against Indians on Indian reservations. This was a departure from previous federal policy in which the Federal Government had sole jurisdiction over Indians. The Act was a precursor to the Indian termination policy and in essence was a kind of "trial legislation" to see if such transfers would be effective. Several other states followed suit. Today, the jurisdictional gap which existed when the Kansas Act was passed no longer exists, and instead there is an overlap; a native person committing a single crime within Indian country in the state of Kansas could be prosecuted by the United States, the State of Kansas, and one of the tribes.