The existing legal constitution is nothing but the product of a revolution. Revolution is the act of political creation in the history of classes, while constitutional legislation is the expression of the continual political vegetation of a society.
This is a unique legal loophole in the U.S.: If a non-native comes on a reservation and commits any crime, the non-native should be prosecuted by a federal court. Tribal law can arrest and hold someone for a year, but tribal law cannot prosecute non-natives. So since the federal courts are so overloaded, some of the cases get tossed out.