The Kansas Act of 1940[1] 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,[2] 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.[3] 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.[4]
^Pub. L.Tooltip Public Law (United States) 76–565, H.R. 3048, 54 Stat. 249, enacted June 8, 1940, codified as 18 U.S.C. § 3243.
^
Anderson, Robert T. "Negotiating Jurisdiction: Retroceding State Authority Over Indian Country Granted By Public Law 280" (PDF). Washington Law Review. 87: 929. Retrieved 2014-12-18.
^
Francis, John J.; Leeds, Stacy L.; Organick, Aliza; Exum, Jelani Jefferson (2011). "Reassessing Concurrent Tribal–State–Federal Criminal Jurisdiction in Kansas" (PDF). Kansas Law Review. 59: 949–989. Retrieved 2014-12-17.
^Francis et al. 2011, pp. 950–951
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