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Laws of the Navajo Nation: Home

An aid to those who are conducting legal research on the Navajo Nation

This guide is written primarily as an aid to those who are conducting legal research on the Navajo Nation, a federally-recognized tribe located within the states of Arizona, New Mexico, Colorado, and Utah, by adding context to the various resources available. 

Sections of this guide contain links, images, and embedded multimedia. Simply select a link or icon to engage with resources.

The author of this guide is Shania Kee '24 JD (Diné).

Relevant Images

Treaties with the United States

While this guide is meant to encompass the laws of the Navajo Nation (i.e. tribal law), it is important to note that treaties with the United States are important within the context of Federal Indian Law, so those treaties are included here. In addition, within the landscape of Federal Indian Law, these treaties are important for the recognition of the Navajo Nation as a sovereign nation. These treaties also form the foundation of the trust relationship between the United States and the Navajo. 

There has only been two (2) treaties between the Navajo and the United States that have been ratified by Congress. As a result, those two (2) treaties are considered to be part of the laws of the United States. 

The Oklahoma State University's Tribal Treaties Database contains a document scan and the text of the treaty within their database. 

Official Tribal Website

An important part of researching the laws of tribes is finding important non-legal information to situate yourself by learning more about the tribe's history, government, policies, and culture. There are 574 federally-recognized tribes and many more tribes that are state-recognized or not even recognized, so learning about the non-legal information is important to learning about the uniqueness of each tribe's history and culture and how that affects their modern governments. 

Until 1969, the Navajo Nation was the Navajo Tribe. The current Navajo Nation Government consists of three (3) branches: Executive, Legislative, and Judicial after a reorganization of the government in 1989. Previous to 1989, the Government was structured as the Navajo Business Council. The Navajo Business Council was created in 1923 by the U.S. Secretary of the Interior to certify oil and gas leases. 

The seat of the Navajo Nation Government is located in Window Rock, Arizona. The location hold ceremonial significance.

This link will pull up a library search page for the search "Diné History." 

Constitution?

There has been several attempts at drafting and adopting a Constitution, but the Navajo Nation does not currently have a constitution. 

The Navajo Nation has codified a Bill of Rights in the Title 1 of the Navajo Nation Code, 

More information of Navajo Constitution Attempts

HeinOnline Explanation

Current Awareness

Sources that will keep you up-to-date on the latest news and developments concerning the Navajo Nation

Navajo Nation Bar Association

Executive

The Executive Branch consists of the President and the Vice President, who are elected every four (4) years and cannot serve more than two terms. Title 2, Chapter 5 of the Navajo Nation Code outlines specific powers and duties of the President and by extension, Vice President, which include, but are not limited to, "conduct[ing], supervis[ing], and coordinat[ing] personnel and programs of the Navajo Nation."  Another important role for the President and Vice President is to "represent the Navajo Nation in relations with governmental and private agencies and create favorable public opinion and good will toward the Navajo Nation."

Legislative

The Legislative Branch consists of the Navajo Nation Council (due to reorganization in 1989). Title 2, Chapter 3 of the Navajo Nation Code outlines the powers and composition of the Navajo Nation Council. The Navajo Nation Council went from 88 council delegates to 24 delegates in 2011. The delegates represent either one chapter or as many as eight chapters. The Navajo Nation is divided into 110 chapters. 

The Leader of the Navajo Nation Council is the Speaker of the Navajo Nation. 

Legislative Process

The Legislative Process consists of eight (8) steps: (1) initiating/drafting legislation, (2) Office of Legislative Services legislation intake and review, (3) Office of the Speaker review, (4) initiate legislation public comment, (5) digital distribution of legislation, (6) public comment review, (7) standing committee referral(s), and (8) Navajo Nation Council referral. The Navajo Nation uses the Dine Bibeehaz’aanii Binaaltsoos (DiBB) system to manage the legislative record through this process. 

Tribal Code - Electronic

There are two “official” sources of the Code available on the web. 

Tribal Code - Print

There are at least 5 print editions of the Navajo Nation Code. 

The first three print editions of the Navajo Nation were titled the Navajo Tribal Code:

(1) 1962 Edition, 2 Volumes (1967 Pocket Part) - 22 Titles [Call Number: KF8228.N3 1962]

(2) 1970 Edition, 3 Volumes - 23 Titles [Call Number:  KF8228.N3 A3 1970]

(3) 1978 Edition, 4 Volumes (1978 Cumulative Pocket Part, 1984-1985 Cumulative Supp.)  - 23 Titles [Call Number: KF8228.N3 A3 1977]

(4) 1995 edition (changed to Navajo Nation Code), 6 Volumes - 25 Titles [Call Number: KF8228.N3 A3 1995]

(5) 2005 edition (annotated), 4 Volumes (2008 Pocket Part) - 26 Titles [Call Number: KF8228.N3 A3 2005]

Tribal Code - Unofficial

There is an organization, Indian Country Grassroots Support, that created the Diné Nihi Keyah Project (Project) whose mission is to compile the uncodified amendments of the Code to encourage the Navajo Nation to update the Code.

The index that the Project updated and maintained through September 12, 2023 makes the code more accessible than the Office of Legislative Services’ website by adding short explanatory phrases to the resolutions, as well as providing a link to a copy of the resolution.

Judicial

The Judicial Branch consists of eleven (11) District Courts (which have Family Courts as well) and the Supreme Court. Title 7, Chapter 3 of the Navajo Nation Code outlines the jurisdiction of those courts. The District Courts have jurisdiction over crimes, civil causes, and other miscellaneous matters. The Family Courts have jurisdiction over domestic relations, probate, adoption, paternity, custody, child support, guardianship, and other matters. The Supreme Court consists of the Chief Justice and two (2) Associate Justices and has jurisdiction to hear appeals from the District Courts and over original extraordinary writs. 

Navajo Fundamental Laws

The Diné bi beenahaz’áanii (Fundamental Laws) consists of 4 different categories: (1) Diyin bitsąądęę beenahaz’áanii (Traditional Law), (2) Diyin Dine’é bitsąądęę beenahaz’áanii (Customary Law), (3) Nahasdzáán dóó Yádiłhił bitsąądęę beenahaz’áanii (Natural Law), and (4) Diyin Nohookáá Diné bi beenahaz’áanii (Common Law). There is a choice-of-law statute requires that Navajo Courts first apply Navajo Nation statutory law, interpreting it through Diné bi beenahaz’áanii, before applying any federal or state laws. 

Case Law

The following materials are available in print in the Law Library:

(1) Supreme Court of the Navajo Nation (1988-1995) [Call Number: KF8228.N3 .A41]

(2) Navajo Reporter, 2 Volumes (1969-1979)  [Call Number: KF8228.N3 A4]

(3) Navajo Reporter, 3 Volumes (1983-1984) [Call Number: KF8228.N3 A4]

(4) Navajo Reporter, 4 Volumes (1988-2012) [Call Number: KF8228.N3 A4]

(5) Digest of the Appellate Cases of the Navajo Nation and Selected District Court Opinions [Call Number: KF8228.N3 A5]

Peacemaking Program

Peacemaking is a traditional approach to resolving disputes that seeks the restoration of Hózhó (harmony). In 2012, the Law & Order Committee approved the establishment of the Program as part of the Judicial Branch. It is an alternative dispute resolution to the Courts. Each judicial district of the Navajo Nation has a program in place. 

Citations

The Supreme Court of Navajo Nation wrote an order to establish a uniform citation system for opinions. 

In the Matter of a Universal Citation System for the Decisions of the Courts of the Navajo Nation, No. SC-SP-01-00 (Nav. Sup. Ct. January 23, 2004).

 

Guide was created by Shania Kee as a final project for the following course: Law Library Practice & Administration.