Tag Archives: Indian Commerce Clause

Federal Judge Rules ICWA Unconstitutional in Brackeen v. Zinke

Here is the opinion in Brackeen v. Zinke (N.D. Tex.): 166_DCT Order.pdf Case page with briefs here. A federal court has held that ICWA violates the equal protection component of the Fifth Amendment’s Due Process Clause, rejecting the Morton v. … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research | Tagged , , , , , , | Leave a comment

Gregory Ablavsky on the Phrase “With the Indian Tribes” in the Commerce Clause

Gregory Abalvsky has posted “‘With the Indian Tribes’: Race, Citizenship, and Original Constitutional Meanings,” forthcoming in the Stanford Law Review. Here is the abstract: Under black-letter law declared in Morton v. Mancari, federal classifications of individuals as “Indian” based on … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged ,

Gregory Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity

Professor Ablavsky is the author of “Beyond the Commerce Clause.” Part I is here. What Justice Thomas Gets Wrong About Constitutional History: Part 2—Ratification, Natelson, and Territorial Integrity One interesting aspect about Upstate Citizens is the underlying dispute’s highly ironic … Continue reading

Posted in fee to trust, Guest Post: Gregory Ablavsky, legal history, Supreme Court | Tagged , , , , , , | 1 Comment

Greg Ablavsky Guest Post: What Justice Thomas Gets Wrong About Constitutional History: Part I—the Indian Commerce Clause

SCOTUS denied cert in two cases challenging the constitutionality of Section 5 of the Indian Reorganization Act, the statute that authorizes the Secretary of the Interior to take land into trust for Indian tribes. The petitions are here and here. … Continue reading

Posted in Guest Post: Gregory Ablavsky, legal history, Supreme Court | Tagged , , , , , , | 1 Comment

Yale Law Journal Article: “Beyond the Indian Commerce Clause”`

Gregory Ablavsky has published “Beyond the Indian Commerce Clause” (PDF) in the Yale Law Journal. Here is the abstract: The Supreme Court has described the Indian Commerce Clause as the primary constitutional basis for federal exclusive and plenary power over … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship | Tagged ,

New Paper by Alex Skibine: “Constitutionalism, Federal Common Law, and the Inherent Powers of Indian Tribes”

Alexander Tallchief Skibine has posted his paper, “Constitutionalism, Federal Common Law, and the Inherent Powers of Indian Tribes,” forthcoming in the American Indian Law Review, on SSRN. Here is the abstract: In this Article, I argue that because Indian tribes … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship | Tagged , ,

Justice Harlan’s Multicultural Theory of the Commerce Clause?

Law scholars have recently published the text of Justice John Marshall Harlan’s lectures on constitutional law. An excerpt, of course related to Indians: Our relations with the Indians in this country are of a peculiar character. Here is the power … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , , , , | 2 Comments

Ralph Rossum on Justice Thomas’ Views of the Three Commerce Clauses

Ralph A. Rossum (author of the definitive legal history of California v. Cabazon Band) has posted his paper, “Clarence Thomas’s Originalist Understanding of the Interstate, Negative, and Indian Commerce Clauses,” on SSRN. It is available in the University of Detroit … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Supreme Court | Tagged , , , | 1 Comment

Richard Pomp on the Indian Commerce Clause and State Taxation

Richard Pomp’s incredible opus, “The Unfilled Promise of the Indian Commerce Clause and State Taxation,” has been published in the Tax Lawyer. Here is the pdf: Richard Pomp Indian Commerce Clause Article

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, taxation | Tagged , ,

Excellent New Scholarship: Richard Pomp’s “The Unfulfilled Promise of the Indian Commerce Clause and State Taxation”

Richard Pomp has published his mammoth article in the ABA’s “The Tax Lawyer.” A short description of this paper is here. If you are a member of the ABA taxation section, you can get the whole thing here. An excerpt: … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, taxation | Tagged , ,