Dear Representative _________,
Please introduce the following bill into the Congress:
To repeal the federal criminal law commonly known as the Major Crimes Act.
SECTION 1. SHORT TITLE
This Act may be cited as the 'The Tribal Prosecutorial Sovereignty Act'.
SECTION 2. FINDINGS
The Congress finds as follows:
(1) The incident which led to the enactment of the Major Crimes Act was a case in which an Indian received a small punishment for the murder of an Indian from another tribe. This was perceived as a great injustice at that time.
(2) Though we concur that such incidents are in fact a travesty of justice, we find that such legislation, having passed over one hundred years ago, is no longer necessary for the reason that the culture of the Indian people has been influenced over the years by Americans who find that harsher punishments are more appropriate.
(3) The Major Crimes Act punished all Indian tribes with the loss of their sovereignty, likely because of just one incident, which was not, even then, characteristic of all tribal law enforcement entities.
(4) In recent years, the Major Crimes Act has had the opposite effect of what was intended. Under this Act, tribal law enforcement is no longer allowed to enforce its own laws against serious crimes such as theft, rape, and murder, but instead must be enforced by federal law enforcement agencies. These cases often never even come to trial because of the backlog which exists in the caseload of the U.S. Attorneys’ offices.
(5) The Major Crimes Act is in violation of several treaties made with Indian tribes.
SECTION 3. REPEAL OF THE MAJOR CRIMES ACT
Section 1153 of title 18, United States Code, is repealed.
(Sign your name)