Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Child welfare (1)
- Children (1)
- Constitution (1)
- Constitutional limits (1)
- Crimes (1)
-
- Enumeration of powers (1)
- Federal courts (1)
- Federal question jurisdiction (1)
- Felonies (1)
- Indian Child Welfare Act (1)
- Indian lands (1)
- Indian tribes (1)
- Major Crimes Act (1)
- Michigan (1)
- Native Americans (1)
- Sovereignty (1)
- State courts (1)
- Tribal courts (1)
- Tribal law (1)
- United States Supreme Court (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran
Crow Dog Vs. Spotted Tail: Case Closed, Timothy Connors, Vivek Sankaran
Articles
In 1868, Chief Spotted Tail signed a United States government treaty with an X. Spotted Tail was a member of the Brule Sioux Tribe, related by marriage to Crazy Horse. The government treaty recognized the Black Hills as part of the Great Sioux reservation. As such, exclusive use of the Black Hills by the Sioux people was guaranteed. Monroe, Michigan, native Gen. George Custer changed all that. In 1874, he led an expedition into that protected land, announced the discovery of gold, and the rush of prospectors followed. Within two years, Custer attacked at Little Big Horn and met his …
Article I, Article Iii, And The Limits Of Enumeration, Gil Seinfeld
Article I, Article Iii, And The Limits Of Enumeration, Gil Seinfeld
Articles
Article I, Section 8 and Article Ill, Section 2 of the U.S. Constitution deploy parallel strategies for constraining the power of the federal government. They enumerate powers that the national legislature and judiciary, respectively, are permitted to exercise and thereby implicitly prohibit these two branches of government from exercising powers not enumerated. According to conventional thinking, this strategy has failed in connection with Article I and succeeded in connection with Article III. That is, it is widely acknowledged that Congress routinely exercises powers that are difficult to square with the Article I enumeration; but it is commonly thought that the …