Congress possesses the constitutional authority to exercise criminal jurisdiction over Native Americans who commit major crimes on reservations.
Enrolled tribal members were convicted of murder under federal statutes following crimes committed within the boundaries of an Indian reservation. The respondents argued that the federal felony-murder provision violated the Due Process Clause because it placed them at a racial disadvantage compared to non-Indians, who would have been prosecuted under state law requiring proof of premeditation. The Court held that federal regulation of Indian affairs is not based on impermissible racial classifications but is rooted in the unique political status of Indians as a separate people. Because the federal criminal scheme is evenhanded and based on tribal membership rather than race, the convictions do not violate the Fifth Amendment.
At page 646 Federal regulation based on tribal sovereign status not race31 citing cases“rooted in the unique status of indians as 'a separate people' with their own political institutions.”
- United States v. Qaya Gordon, No. 22-30198 (9th Cir. Nov. 20, 2023).unpublishedId. at 648 (“Congress has undoubted constitutional power to prescribe a criminal code applicable in Indian country.”); Keeble v. United States, 412 U.S. 205 , 209–10 (1973) (discussing “the power of Congress to confer” criminal jurisdictio…
- Cnty. of Charles Mix v. United States Dep't of the Interior, 799 F. Supp. 2d 1027 (D.S.D. 2011).published (federal regulation of Indian affairs is not based upon impermissible classifications. Rather, such regulation is rooted in the unique status of Indians as a ‘separate people’ with their own political institutions ...)
- South Dakota v. United States Dep't of the Interior, 787 F. Supp. 2d 981 (D.S.D. 2011).published (federal regulation of Indian affairs is not based upon impermissible classifications. Rather, such regulation is rooted in the unique status of Indians as a ‘separate people’ with their own political institutions ...)
- Alabama-Coushatta Indian Tribe of Texas v. Mattox, 650 F. Supp. 282 (W.D. Tex. 1986).published (such regulation is rooted in the unique status of Indians as a ‘separate people’ with their own political institutions)
- Halverson v. Burgum, 148 F.4th 1089 (9th Cir. 2025).publishedMorton v. Mancari, 417 U.S. 535, 553 & n.24 (1974); United States v. Antelope, 430 U.S. 641, 646-47 (1977); see also 1 Felix Cohen et al., Cohen’s Handbook of Federal Indian Law § 4.03 (2024).
- United States v. Bruce Sampson, Jr., No. 21-30188 (9th Cir. June 8, 2023).unpublished Id. at 646.
- Parker v. State, 2021 OK CR 17, 495 P.3d 653.published United States v. Antelope, 430 U.S. 641, 646, 97 S.Ct. 1395, 1398--99, 51 L.Ed.2d 701 (1977); F. Cohen, Handbook of Federal Indian Law 19 (1982 ed.).
- United States v. Damien Zepeda, 792 F.3d 1103 (9th Cir. 2015).published That is, the defendant must have a blood connection to a “once-sovereign political communit[y].” United States v. Antelope, 430 U.S. 641, 646 (1977).
- State v. Shale, 345 P.3d 776 (Wash. 2015).published Cf. United States v. Antelope, 430 U.S. 641,646-647, n. 7 [, 97 S. Ct. 1395 , 51 L.
- United States v. Damien Zepeda, 738 F.3d 201 (9th Cir. 2013).publishedZEPEDA 17 jurisdiction over Indians is not dependent on a racial classification, but upon the federal government’s relationship with the Indian nations as separate sovereigns. 598 F.3d at 1078–79 (discussing LaPier, 986 F.2d at 305 (“Feder…
Show 21 more citing cases
- United States v. Damien Zepeda, 705 F.3d 1052 (9th Cir. 2013).publishedMaggi recognized that LaPier’s threshold requirement of affiliation with a federally recognized tribe stemmed from judicial and legislative acknowledgment that federal criminal jurisdiction over Indians is not dependent on a racial classif…
- Means v. Navajo Nation, 432 F.3d 924 (9th Cir. 2005).published Standing Bear v. Crook, 25 F. Cas. 695, 699 (C.C.D.Neb.1879) (No. 14,891); Thompson v. County of Franklin, 180 F.R.D. 216, 225 (N.D.N.Y.1998). 69 Antelope, 430 U.S. at 646-47, n. 7 , 97 S.Ct. 1395 . 70 United States v. Bruce, 394 F.3d 1215…
- Kahawaiolaa v. Norton, 386 F.3d 1271 (9th Cir. 2004).publishedThe Court further stated that federal regulation of Indian tribes “is governance of onee-sovereign political communities; it is not to be viewed as legislation of a ‘racial’ group consisting of ‘Indians’ ” Id, at 646, 97 S.Ct. 1395 (quotin…
- United States v. Archambault, 206 F. Supp. 2d 1010 (D.S.D. 2002).publishedAntelope, 430 U.S. at 647, n. 8 , 97 S.Ct. 1395 . 5 The ICRA amendment’s recognition of tribal criminal jurisdiction over “all Indians” is rationally related to Congress’s twin goals of promoting tribal self-government and eliminating the…
- In re Adam N., 84 Cal. App. 4th 846 (Cal. Ct. App. 2000).published (See California Rules of Court—Rules 976 and 977). [1] The Federal Register listing of all recognized Indian tribes contains but one "Blackfeet" entity, the "Blackfeet Tribe of the Blackfeet Indian Reservation of Montana." (See 61 Fed.Reg.…
- United States v. Prentiss, 206 F.3d 960 (10th Cir. 2000).published "Federal regulation of Indian tribes . . . is governance of once-sovereign political communities; it is not to be viewed as legislation of a racial group consisting of Indians." United States v. Antelope, 430 U.S. 641, 646 (1977) (quotatio…
- United States v. Wayne Eagleboy, 200 F.3d 1137 (8th Cir. 1999).publishedAs the Supreme Court stated in United States v. Antelope, 430 U.S. 641, 646 (1977), "[f]ederal regulation of Indian tribes . . . is governance of once-sovereign political communities; it is not to be viewed as legislation of a '"racial" gr…
- United States v. Murdock, No. 96-4150 (10th Cir. Oct. 20, 1997).published United States v. Antelope, 430 U.S. 641, 646 (1977) (footnote and internal quotations omitted).
- James R. v. Cindy R., 41 Cal. App. 4th 1483 (Cal. Ct. App. 1996).published(United States v. Antelope (1977) 430 U.S. 641, 646 [ 51 L.Ed.2d 701, 707-708 , 97 S.Ct. 1395 ]; Moe v. Salish & Kootenai Tribes (1976) 425 U.S. 463, 480-481 [ 48 L.Ed.2d 96, 110-111 , 96 S.Ct. 1634 ]; Morton v. Mancari (1974) 417 U.S. 535…
- United States v. Juv. Male, 864 F.2d 641 (9th Cir. 1988).publishedThe court went on to say that “[s]ince Congress has undoubted constitutional power to prescribe a criminal code applicable in Indian country, it is of no consequence that the federal scheme differs from a state criminal code otherwise appl…
- United States v. Elward Roe Wanoskia, 800 F.2d 235 (10th Cir. 1986).published(federal regulation "is rooted in the unique status of Indians as ‘a separate people')
- Constitutionality of the Nat'l Sci. Found.'s STEM Programs (OLC 2026).published
- Washington v. Confederated Tribes of the Colville Indian Reservation, 447 U.S. 134 (1980).published
- Thomas E. Williams Alaska Reindeer, Inc. v. Bruce Babbitt, 115 F.3d 657 (9th Cir. 1997).published
- Assiniboine & Sioux Tribes v. State of Mont., 568 F. Supp. 269 (D. Mont. 1983).published
- United States v. Bruce, No. 03-30171 (9th Cir. Jan. 12, 2005).published
- Title VI & Urban Indian Hous. (OLC 1982).published
- Bosse v. State, 2021 OK CR 3.published
- Williams v. Babbitt, 115 F.3d 657 (9th Cir. 1997).published
- Queets Band of Indians v. The State of Washington, Muckleshoot Indian Tribe v. The State of Washington, 765 F.2d 1399 (9th Cir. 1985).published
- Leland Neal Lapier v. Jack McCormick Warden, 986 F.2d 303 (9th Cir. 1993).published
At page 645 Upholding federal legislation for Indian tribes as not racial discrimination18 citing cases“leave no doubt that federal legislation with respect to indian tribes, although relating to indians as such, is not based on impermissible racial classifications.”
- United States v. Harjo, 122 F.4th 1240 (10th Cir. 2024).published (equal- protection)
- State v. S. S. M., No. 2022AP000524, 2022AP000525 (Wis. Ct. App. Aug. 2, 2022).unpublishedQuite the contrary, classifications expressly singling out Indian tribes as subjects of legislation are expressly provided for in the Constitution and supported by the ensuing history of the Federal Government’s relations with Indians.” Un…
- Brackeen v. Haaland, 994 F.3d 249 (5th Cir. 2021).publishedThe Supreme Court’s decisions “leave no doubt that federal legislation with respect to Indian tribes . . . is not based upon impermissible racial classifications.” United States v. Antelope, 430 U.S. 641, 645 (1977).
- United States v. Jim, No. 18-2144 (10th Cir. Feb. 25, 2020).unpublishedApp. P. 32.1 and 10th Cir. R. 32.1. 1 In United States v. Antelope, 430 U.S. 641, 645 (1977), the Court held “that federal legislation with respect to Indian Tribes, although relating to Indians as such, is not based upon impermissible rac…
- Chad Brackeen v. David Bernhardt, 937 F.3d 406 (5th Cir. 2019).published The Supreme Court’s decisions “leave no doubt that federal legislation with respect to Indian tribes . . . is not based upon impermissible racial classifications.” United States v. Antelope, 430 U.S. 641, 645 (1977).
- United States v. Joshua Cooley, 919 F.3d 1135 (9th Cir. 2019).published“Indian tribes are unique aggregations possessing attributes of sovereignty over both their members and their territory; they are a separate people possessing the power of regulating their internal and social relations”
- State v. Schmeets, 2008 ND 119.publishedSuch preferences are granted to Indians “not as a discrete racial group, but, rather, as members of quasi-sovereign tribal entities.” Rice , at 520; Antelope , at 645; Morton , at 554.
- In the Matter of Adoption of Cd, 2008 ND 128, 751 N.W.2d 236.publishedSuch preferences are granted to Indians “not as a discrete racial group, but, rather, as members of quasi-sovereign tribal entities.” Rice, at 520, 120 S.Ct. 1044 ; Antelope, at 645, 97 S.Ct. 1395 ; Morton, at 554, 94 S.Ct. 2474 .
- Doe ex rel. Doe v. Kamehameha Schs./Bernice Pauahi Bishop Est., 416 F.3d 1025 (9th Cir. 2005).publishedSee, e.g., Wash- ington v. Confederated Bands & Tribes of Yakima Indian Nation, 439 U.S. 463, 500-01 (1979) (“It is settled that the unique legal status of Indian tribes under federal law permits the Federal Government to enact legislation…
- United States v. Wilgus, No. 00-4015 (10th Cir. Aug. 8, 2001).published Legislation with respect to these ‘unique aggregations’ has repeatedly been sustained by this Court against claims of unlawful racial discrimination.” United States v. Antelope, 430 U.S. 641, 645 (1977). - 20 - Morton, 417 U.S. at 552 .
Show 8 more citing cases
- Rice v. Cayetano, 528 U.S. 495 (2000).published (exclusive federal jurisdiction over crimes committed by Indians in Indian country)
- United States v. Murdock, No. 96-4150 (10th Cir. Oct. 20, 1997).published United States v. Antelope, 430 U.S. 641, 646 (1977) (footnote and internal quotations omitted).
- In re Aw, 741 N.W.2d 793 (Iowa 2007).published
- United States v. Doyle Lyons, 363 F. App'x 485 (9th Cir. 2010).unpublished
- In The Interest Of A.w. & S.w., Minor Child., Woodbury Cnty. Attorney & A.w. & S.w., Minor Child. Vs. Iowa, 741 N.W.2d 793 (Iowa 2007).published
- Constitutionality of the Nat'l Sci. Found.'s STEM Programs (OLC 2026).published
- Amer Fed Govt Empl v. United States, 330 F.3d 513 (D.C. Cir. 2003).published
- Am. Fed'n of Gov't Employees v. United States, 330 F.3d 513 (D.C. Cir. 2003).published
At page 650 “enrollment in an official tribe has not been held to be an absolute requirement for federal jurisdiction, at least where the indian defendant lived on the reservation and maintained tribal relations with the indians thereon.”6 citing cases
- Robert Berry, Jr. v. Kyle Olsen, No. 21-16943 (9th Cir. Aug. 3, 2023).unpublished“a non-indian charged with committing crimes against other non-indians in indian country is subject to prosecution under state law.”
- State v. George, 422 P.3d 1142 (Idaho 2018).published “enrollment in an official tribe has not been held to be an absolute requirement for federal jurisdiction, at least where the indian defendant lived on the reservation and maintained tribal relations with the indians the…”
- United States v. Hausa, 258 F. Supp. 3d 265 (E.D.N.Y. 2017).published “title 18 u.s.c. 1111 is the federal murder statute.”
- United States v. Richard Wayne Drewry, 365 F.3d 957 (10th Cir. 2004).published “enrollment in an official tribe has not been held to be an absolute requirement for federal jurisdiction”
- Banner v. United States, 303 F. Supp. 2d 1 (D.D.C. 2004).published “the constitution itself provides support for legislation directed specifically at the indian tribes .... the constitution therefore singles indians out as a proper subject for separate legislation.”
- State v. Sebastian, 701 A.2d 13 (Conn. 1997).published “as enrolled tribal members, respondents were subjected to federal jurisdiction only because their crimes were committed within the confines of indian country”
At page 648 Establishing federal power to prescribe criminal code in Indian country5 citing caseslaw establishing a criminal code for Indian country
- United States v. Qaya Gordon, No. 22-30198 (9th Cir. Nov. 20, 2023).unpublished(Congress has undoubted constitutional power to prescribe a criminal code applicable in Indian country.)
- United States v. Headley, No. 19-8075 (10th Cir. Mar. 17, 2020).unpublished
- Haaland v. Brackeen, 599 U.S. 255 (2023).published
- United States v. Anton Lazzaro, 129 F.4th 514 (8th Cir. 2025).published
97 S. Ct. at 1400 Federal criminal code differing from state code in Indian country3 citing cases[I]t is of no consequence that the federal [criminal code] differs from a state criminal code otherwise applicable within the boundaries of the State of Idaho. Under our federal system, the National Government does not violate equal protection when its own body of law is evenhanded, regardless of…
- Marcy v. Angol, No. 3:23-cv-00290 (D. Alaska Mar. 5, 2024).([I]t is of no consequence that the federal [criminal code] differs from a state criminal code otherwise applicable within the boundaries of the State of Idaho. Under our federal system, the National Government does not…)
- Am. Greyhound Racing, Inc. v. Hull, 146 F. Supp. 2d 1012 (D. Ariz. 2001).published(holding that application of federal law to Indians’ crimes did not violate equal protection as an unfair race-based classification, where Indians were convicted of first degree murder under federal law, when elements fo…)
- United States v. Juv. Male, 864 F.2d 641 (9th Cir. 1988).publishedThe court went on to say that “[s]ince Congress has undoubted constitutional power to prescribe a criminal code applicable in Indian country, it is of no consequence that the federal scheme differs from a state criminal code otherwise appl…
At page 647 Determining federal criminal statutes' basis for jurisdiction3 citing cases[M]embers of tribes whose official status has been terminated by congressional enactment are no longer subject, by virtue of their status, to federal criminal jurisdiction under the Major Crimes Act
- South Carolina v. Catawba Indian Tribe, Inc., 476 U.S. 498 (1986).published ([M]embers of tribes whose official status has been terminated by congressional enactment are no longer subject, by virtue of their status, to federal criminal jurisdiction under the Major Crimes Act)
- United States v. Archambault, 206 F. Supp. 2d 1010 (D.S.D. 2002).publishedAntelope, 430 U.S. at 647, n. 8 , 97 S.Ct. 1395 . 5 The ICRA amendment’s recognition of tribal criminal jurisdiction over “all Indians” is rationally related to Congress’s twin goals of promoting tribal self-government and eliminating the…
- People v. Miranda, 106 Cal. App. 3d 504 (Cal. Ct. App. 1980).published
At page 649 Federal government equal protection when laws are evenhanded3 citing casesUnder our federal system, the National Government does not violate equal protection when its own body of law is evenhanded, regardless of the laws of States with respect to the same subject matter.” (footnotes omitted)
- Bertrand v. State, 2025 OK CR 19, 580 P.3d 259.publishedUnited States v. Antelope, 430 U.S. 641, 649 (1977).
- United States v. Sonia Quintero, 995 F.3d 1044 (9th Cir. 2021).published(Under our federal system, the National Government does not violate equal protection when its own body of law is evenhanded, regardless of the laws of States with respect to the same subject matter.” (footnotes omitted))
- Flowers v. Webb, 575 F. Supp. 1450 (E.D.N.Y. 1983).publishedTo state a claim under the equal protection clause a plaintiff must allege either that a statute on its face treats similarly situated groups differently, United States v. Antelope, 430 U.S. 641, 649-650 (1977) or that a facially neutral s…
enrollment in an official tribe has not been held to be an absolute requirement for federal jurisdiction, at least where the Indian defendant lived on the reservation and maintained tribal relations with the Indians thereon.
- State v. George, 422 P.3d 1142 (Idaho 2018).published (enrollment in an official tribe has not been held to be an absolute requirement for federal jurisdiction, at least where the Indian defendant lived on the reservation and maintained tribal relations with the Indians th…)
- United States v. Richard Wayne Drewry, 365 F.3d 957 (10th Cir. 2004).published (enrollment in an official tribe has not been held to be an absolute requirement for federal jurisdiction)
97 S. Ct. at 1397 Jurisdiction over crimes committed by enrolled Indians1 citing case
- United States v. Violet Bruce, 394 F.3d 1215 (9th Cir. 2005).published Thus, the general rule is that “except for the offenses enumerated in (section 1153), all crimes committed by enrolled Indians against other Indians within Indian country are subject to the jurisdiction of tribal courts.” United States v.…
At page 641 Addressing felony murder under federal enclave statutes1 citing case430 U.S. 641 (1977) UNITED STATES v. ANTELOPE ET AL. No. 75-661. Supreme Court of United States. Argued January 18, 1977. Decided April 19, 1977. CERTIORARI TO…
- United States v. Sylvanis Brice, 167 F.4th 1330 (11th Cir. 2026).publishedLikewise, Antelope concerned a prosecution for felony murder under the federal enclave statutes. 430 U.S. at 641.
Other citing cases
v.
Antelope et al.
[*642] Deputy Solicitor General Frey argued the cause for the United States. With him on the briefs were Solicitor General Bork, Assistant Attorney General Thornburgh, Harry R. Sachse, and Jerome M. Feit.
Allen V. Bowles, by appointment of the Court, 429 U. S. 892, argued the cause and filed a brief for respondent Antelope. John W. Walker, by appointment of the Court, ibid., argued the cause and filed a brief for respondents Davison et al.
MR. CHIEF JUSTICE BURGER delivered the opinion of the Court.
The question presented by our grant of certiorari is whether, under the circumstances of this case, federal criminal statutes violate the Due Process Clause of the Fifth Amendment by subjecting individuals to federal prosecution by virtue of their status as Indians.
(1)
On the night of February 18, 1974, respondents, enrolled Coeur d'Alene Indians, broke into the home of Emma Johnson, an 81-year-old non-Indian, in Worley, Idaho; they robbed and killed Mrs. Johnson. Because the crimes were committed by enrolled Indians within the boundaries of the Coeur d'Alene Indian Reservation, respondents were subject to federal jurisdiction under the Major Crimes Act, 18 U. S. C. § 1153.[1] They were, accordingly, indicted by a federal grand jury on[*643] charges of burglary, robbery, and murder.[2] Respondent William Davison was convicted of second-degree murder only. Respondents Gabriel Francis Antelope and Leonard Davison were found guilty of all three crimes as charged, including first-degree murder under the felony-murder provisions of 18 U. S. C. § 1111,[3] as made applicable to enrolled Indians by 18 U. S. C. § 1153.
(2)
In the United States Court of Appeals for the Ninth Circuit, respondents contended that their felony-murder convictions[*644] were unlawful as products of invidious racial discrimination. They argued that a non-Indian charged with precisely the same offense, namely the murder of another non-Indian within Indian country,[4] would have been subject to prosecution only under Idaho law, which in contrast to the federal murder statute, 18 U. S. C. § 1111, does not contain a felony-murder provision.[5] To establish the crime of first-degree murder in state court, therefore, Idaho would have had to prove premeditation and deliberation. No such elements were required under the felony-murder component of 18 U. S. C. § 1111.
Because of the difference between Idaho and federal law, the Court of Appeals concluded that respondents were "put at a serious racially-based disadvantage," 523 F. 2d 400, 406 (1975), since the Federal Government was not required to establish premeditation and deliberation in respondents' federal prosecution. This disparity, so the Court of Appeals concluded, violated equal protection requirements implicit in the Due Process Clause of the Fifth Amendment. We granted the United States' petition for certiorari, 424 U. S. 907 (1976), and we reverse.
[*645] (3)
The decisions of this Court leave no doubt that federal legislation with respect to Indian tribes, although relating to Indians as such, is not based upon impermissible racial classifications. Quite the contrary, classifications expressly singling out Indian tribes as subjects of legislation are expressly provided for in the Constitution[6] and supported by the ensuing history of the Federal Government's relations with Indians.
"Indian tribes are unique aggregations possessing attributes of sovereignty over both their members and their territory, Worcester v. Georgia, 6 Pet. 515, 557 (1832); they are `a separate people' possessing `the power of regulating their internal and social relations . . . .'" United States v. Mazurie, 419 U. S. 544, 557 (1975).
Legislation with respect to these "unique aggregations" has repeatedly been sustained by this Court against claims of unlawful racial discrimination. In upholding a limited employment preference for Indians in the Bureau of Indian Affairs, we said in Morton v. Mancari, 417 U. S. 535, 552 (1974):
"Literally every piece of legislation dealing with Indian tribes and reservations . . . single[s] out for special treatment a constituency of tribal Indians living on or near reservations. If these laws . . . were deemed invidious racial discrimination, an entire Title of the United States Code (25 U. S. C.) would be effectively erased . . . ."
In light of that result, the Court unanimously concluded in Mancari:
"The preference, as applied, is granted to Indians not as a discrete racial group, but, rather, as members of quasisovereign tribal entities . . . ." Id., at 554.[*646] Last Term, in Fisher v. District Court, 424 U. S. 382 (1976), we held that members of the Northern Cheyenne Tribe could be denied access to Montana State courts in connection with an adoption proceeding arising on their reservation. Unlike Mancari, the Indian plaintiffs in Fisher were being denied a benefit or privilege available to non-Indians; nevertheless, a unanimous Court dismissed the claim of racial discrimination:
"[W]e reject the argument that denying [the Indian plaintiffs] access to the Montana courts constitutes impermissible racial discrimination. The exclusive jurisdiction of the Tribal Court does not derive from the race of the plaintiff but rather from the quasi-sovereign status of the Northern Cheyenne Tribe under federal law." 424 U. S., at 390.
Both Mancari and Fisher involved preferences or disabilities directly promoting Indian interests in self-government, whereas in the present case we are dealing, not with matters of tribal self-regulation, but with federal regulation of criminal conduct within Indian country implicating Indian interests. But the principles reaffirmed in Mancari and Fisher point more broadly to the conclusion that federal regulation of Indian affairs is not based upon impermissible classifications. Rather, such regulation is rooted in the unique status of Indians as "a separate people" with their own political institutions. Federal regulation of Indian tribes, therefore, is governance of once-sovereign political communities; it is not to be viewed as legislation of a "`racial' group consisting of `Indians'. . . ." Morton v. Mancari, supra, at 553 n. 24. Indeed, respondents were not subjected to federal criminal jurisdiction because they are of the Indian race but because they are enrolled members of the Coeur d'Alene Tribe.[7] We[*647] therefore conclude that the federal criminal statutes enforced here are based neither in whole nor in part upon impermissible racial classifications.
(4)
The challenged statutes do not otherwise violate equal protection.[8] We have previously observed that Indians indicted[*648] under the Major Crimes Act enjoy the same procedural benefits and privileges as all other persons within federal jurisdiction. Keeble v. United States, 412 U. S. 205, 212 (1973). See 18 U. S. C. § 3242. Respondents were, therefore, subjected to the same body of law as any other individual, Indian or non-Indian, charged with first-degree murder committed in a federal enclave.[9] They do not, and could not, contend otherwise.
There remains, then, only the disparity between federal and Idaho law as the basis for respondents' equal protection claim.[10] Since Congress has undoubted constitutional power to prescribe a criminal code applicable in Indian country, United States v. Kagama, 118 U. S. 375 (1886), it is of no consequence that the federal scheme differs from a state criminal code otherwise applicable within the boundaries of the State[*649] of Idaho. Under our federal system, the National Government does not violate equal protection when its own body of law is evenhanded,[11] regardless of the laws of States with respect to the same subject matter.[12]
The Federal Government treated respondents in the same manner as all other persons within federal jurisdiction, pursuant to a regulatory scheme that did not erect impermissible[*650] racial classifications; hence, no violation of the Due Process Clause infected respondents' convictions.[13]
The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
Reversed and remanded.
"Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, rape, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape, incest, assault with intent to kill, assault with a dangerous weapon, assault resulting in serious bodily injury, arson, burglary, robbery, and larceny within the Indian country, shall be subject to the same laws and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States."
The background leading up to enactment of the Major Crimes Act is discussed in Keeble v. United States, 412 U. S. 205, 209-212 (1973). As noted in that case, the Government has characterized the Major Crimes Act as "a carefully limited intrusion of federal power into the otherwise exclusive jurisdiction of the Indian tribes to punish Indians for crimes committed on Indian land." Id., at 209.
"(a) Murder is the unlawful killing of a human being with malice aforethought. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing; or committed in the perpetration of, or attempt to perpetrate, any arson, rape, burglary, or robbery; or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him who is killed, is murder in the first degree.
"Any other murder is murder in the second degree."
It should be emphasized that respondent William Davison was convicted only of second-degree murder, not felony murder, under 18 U. S. C. § 1111.
"All murder which is perpetrated by means of poison, or lying in wait, torture, or by any other kind of wilful, deliberate and premeditated killing is murder of the first degree. Any murder of any peace officer of this state or of any municipal corporation or political subdivision thereof, when the officer is acting in line of duty, . . . shall be murder in the first degree. . . . All other kinds of murder are of the second degree." Idaho Code § 18-4003 (Supp. 1976).
It should be noted, however, that enrollment in an official tribe has not been held to be an absolute requirement for federal jurisdiction, at least where the Indian defendant lived on the reservation and "maintained tribal relations with the Indians thereon." Ex parte Pero, 99 F. 2d 28, 30 (CA7 1938). See also United States v. Ives, 504 F. 2d 935, 953 (CA9 1974) (dicta). Since respondents are enrolled tribal members, we are not called on to decide whether nonenrolled Indians are subject to 18 U. S. C. § 1153, and we therefore intimate no views on the matter.
Congress has provided for federal jurisdiction over the crime of murder on a reservation, much as on other federal enclaves, 18 U. S. C. §§ 1111, 1153. But as our opinions have recognized that Indian reservations differ in certain respects from other federal enclaves, the statute has been construed as not encompassing crimes on the reservation by non-Indians against non-Indians. United States v. McBratney, 104 U. S. 621 (1882); see Surplus Trading Co. v. Cook, 281 U. S. 647, 651 (1930); Williams v. Lee, 358 U. S. 217, 219-220 (1959); McClanahan v. Arizona State Tax Comm'n, 411 U. S. 164, 171 (1973). Federal statutes do not single out Indians as such; non-Indian defendants are also covered if the victim was a member of the tribe.
In this regard, we are not concerned with instances in which Indians tried in federal court are subjected to differing penalties and burdens of proof from those applicable to non-Indians charged with the same offense. Compare United States v. Big Crow, 523 F. 2d 955 (CA8 1975), cert. denied, 424 U. S. 920 (1976), and United States v. Cleveland, 503 F. 2d 1067 (CA9 1974), with United States v. Analla, 490 F. 2d 1204 (CA10), vacated and remanded, 419 U. S. 813 (1974). See 18 U. S. C. § 1153 (1976 ed.) (which provides for uniform penalties for both Indians and non-Indians charged with assault resulting in serious bodily injury). That issue is not before us, and we intimate no views on it.
"Since the burglary with which petitioner was charged occurred on property . . . within the . . . [Indian] reservation, the courts of Washington had no jurisdiction to try him for that offense." Id., at 359.
If state courts would have had no jurisdiction over respondents' case, then state law does not constitute a meaningful point of reference for establishing a claim of equal protection.