Is There a (Little or Not So Little) Constitutional Crisis Developing in Indian Law?: A Brief Essay

F Pommersheim - U. Pa. J. Const. L., 2002 - HeinOnline
The constitutional status of Indian tribes within the framework of the American Republic has
been elusive from the very beginning. This essential point was acknowledged by the …

Constitutional rights, tribal justice, and the American Indian

JR Kerr - J. Pub. L., 1969 - HeinOnline
I. The Constitutional Status of the Indian The American tribal Indian can be described not
only as a member of America's largest neglected minority, but also as a victim of too many …

Nations Within a Nation: The Evolution of Tribal Immunity

TR Wilson - American Indian Law Review, 1999 - JSTOR
American Indians have always had a tenuous relationship within the governmental structure
of the United States. Are Indian tribes to be treated as states? Are they to be treated as …

Native Nations and the Constitution: An Inquiry into" Extra-Constitutionality"

AR Riley - Harv. L. Rev. F., 2016 - HeinOnline
F ederal Indian law is oftentimes characterized as a niche and dis-crete area of law, but this
depiction really misstates the breadth and relevance of the field. Federal Indian law is a …

American indian tribal self-government in the federal system: Inherent right or congressional license

FJ Martone - Notre Dame Law., 1975 - HeinOnline
The United States is in the midst of a new civil war. Unlike the last civil war, it is not between
the states and the Union; rather, it is a challenge by American Indian tribes against the states …

The Supreme Court's Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy

AT Skibine - Colum. J. Race & L., 2017 - HeinOnline
Since 1831, Indian nations have been viewed as Domestic Dependent Nations located
within the geographical boundaries of the United States. 1 Chief Justice Marshall attributed …

A New Constitutional Approach to the Doctrine of Tribal Sovereignty

DF Robertson - Am. Indian L. Rev., 1978 - HeinOnline
The traditional analytical approach to the doctrine of tribal sovereignty is reflected in Chief
Justice John Marshall's observation that the" condition of the Indians in relation to the United …

" With the Indian tribes": Race, citizenship, and original constitutional meanings

G Ablavsky - Stan. L. Rev., 2018 - HeinOnline
Under black-letter law declared in the US Supreme Court's decision in Morton v. Mancari,
federal classifications of individuals as" Indian" based on membership in a federally …

The Mythology of the Oklahoma Indians: A Survey of the Legal Status of Indian Tribes in Oklahoma

FB Pipestem, GW Rice - American Indian Law Review, 1978 - JSTOR
Perhaps the most basic principle of all Indian law, sup ported by a host of decisions... is the
principle that those powers which are lawfully vested in an Indian tribe are not, in general …

Constitutional experiences of the five civilized tribes

AM Gibson - American Indian Law Review, 1974 - JSTOR
There is the widespread and mistaken notion that constitutional government did not reach
Oklahoma until 1906 when the conven tion at Guthrie prepared the state's organic law as a …