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Preemption And The Dormant Commerce Clause: Implications For Federal Indian Law, Stephen Feldman

Stephen M. Feldman

In 1832, the Supreme Court held that states could not extend their laws into Indian country, but over the years the Court has allowed greater and greater state incursions. The Court now recognizes two partial barriers to state power in Indian country: first, any state law that infringes on tribal sovereignty is barred; second, any state law that is preempted by federal law is also barred. Nonetheless, the Court has not clearly identified the sources of constitutional power underlying either of these barriers to state power. This Article argues that each barrier to state power springs from, and should be …