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Constitutional Law

University of Montana

2007

Original meaning

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Full-Text Articles in Law

The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson Jan 2007

The Original Understanding Of The Indian Commerce Clause, Robert G. Natelson

Faculty Law Review Articles

This article is a comprehensive analysis of the original meaning of and understanding behind the Constitution's Indian Commerce Clause under which Congress claims plenary and exclusive power over federal affairs with Indian tribes. The author concludes that, as originally understood, congressional power over the tribes was to be neither plenary nor exclusive.