Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Constitutional law (2)
- Federalism (2)
- United States Supreme Court (2)
- American Indian law (1)
- Commerce Clause (1)
-
- Confederation (1)
- Culture (1)
- Decentralization (1)
- Felix Cohen (1)
- Indian Commerce Clause (1)
- Jurisdiction (1)
- Justice Marshall (1)
- Justice Thomas (1)
- Modern era (1)
- Nationalism (1)
- Non-Indians (1)
- Qualifications for federal office (1)
- Reservations (1)
- State legislation (1)
- States' rights (1)
- Subjectivism (1)
- Tenth Amendment (1)
- Term limits (1)
- Treaties (1)
- Tribal self-government (1)
- Tribal sovereignty (1)
- United States Term Limits Inc. v. Thornton (1)
- United States v. Lopez (1)
Articles 1 - 3 of 3
Full-Text Articles in Jurisdiction
The Term Limits Dissent: What Nerve, Robert F. Nagel
The Term Limits Dissent: What Nerve, Robert F. Nagel
Publications
No abstract provided.
The Future Of Federalism, Robert F. Nagel
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches
Publications
For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …