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Full-Text Articles in Law
Judicial Terror Confronts Indian Nations, David E. Wilkins
Judicial Terror Confronts Indian Nations, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
As the Bush Administration broadens its constitutionally problematic assault on real and alleged terrorists, both home and abroad, endangering the very rights and liberties it accused Osama bin Laden of savagely attacking, the judicial branch of the government, occupied by a majority of conservative justices, is doing its part to shatter the sovereign rights and economic liberties of indigenous nations.
The U.S. Supreme Court's Explication Of "Federal Plenary Power": An Analysis Of Case Law Affecting Tribal Sovereignty, 1886-1914, David E. Wilkins
The U.S. Supreme Court's Explication Of "Federal Plenary Power": An Analysis Of Case Law Affecting Tribal Sovereignty, 1886-1914, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The concept of tribal sovereignty frequently conflicts with that of congressional plenary power, depending on the definition and basis of plenary power. Analysis of 107 federal court cases between 1886 and 1914 suggests that when plenary power is seen in terms of preemption and exclusivity, it may help to protect tribal sovereignty from private or state incursions. However, if plenary power is defined as absolute and unlimited, tribal rights are not constitutionally protected against federal actions. Although tribes are properly regarded as extra-constitutional entities, they are often treated as inferior in relation to Congress by the courts.