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Reconsidering The Tribal-State Compact Process, David E. Wilkins
Reconsidering The Tribal-State Compact Process, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
This essay evaluates the tribal‐state compact process, as one of several alternative, nonadversarial processes, warranting attention. It argues that, because of its binding character and relatively low cost (in contrast to litigation), and because it is based in the idea of tribes and states exhibiting mutual respect, the compact process is an advanced version of negotiation and bargaining that tribes and states should consider where appropriate.
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.