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2 results

  • 14 - There Is No Federal Supremacy Clause for Indian Tribes

  • from Part IV - (Mis)Understandings
  • Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
  • Book:
    Reading American Indian Law
    Published online:
    11 December 2019
    Print publication:
    12 December 2019, pp 334-356

  • Summary

    There Is No Federal Supremacy Clause: illustrates how the Supreme Court’s federalism jurisprudence has recognized the rights of states and placed new limits on the powers of the federal government, even while the courts have steadfastly deferred to the ‘plenary power’ of Congress in the area of Indian affairs. Clinton suggests that the plenary power doctrine is no longer consistent with a textualist reading of the Constitution, and urges instead an interpretation where there is no federal power over Indian tribes at all without their consent manifested through treaty.

  • 4 - (Tribal) Sovereignty and Illiberalism

  • from Part I - Core Concepts
  • Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
  • Book:
    Reading American Indian Law
    Published online:
    11 December 2019
    Print publication:
    12 December 2019, pp 93-116

  • Summary

    Sovereignty and Illiberalism: introduces the reader to the different set of rights that are controlling upon tribal governments. The Constitution does not apply in Indian country. This means that tribes may use their inherent sovereignty to do things that appear to intrude on the legal protections of their members. Riley’s piece confronts this tension directly by exploring competing sympathies: tribal sovereignty and civil rights.