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Full-Text Articles in Law
Indigenous Peoples, American Federalism, And The Supreme Court, David E. Wilkins
Indigenous Peoples, American Federalism, And The Supreme Court, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
As America breathes a sigh of relief in the afterglow of the pyrotechnics associated with the first post-September 11 July 4, pondering its global status as as the leading agent in its self-Âproclaimed "War on Terrorism," and its domestic situation with a "War on Federalism" raging between the Supreme Court's redefined notion of states' rights and federal authority, it seems a propitious time to ask where indigenous nations fit in this warlike atmosphere, given that the history of Indian/U.S. relations involved a fair amount of war-related activities.
Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins
Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …