4min chapter

We the People cover image

The Indian Child Welfare Act and the 14th Amendment

We the People

CHAPTER

The Indian Commerce Clause and the Articles of Confederation

Reese: I think it's very clear that this distinction between the Articles of Confederation and the Indian Commerce Clause is really important. Reese: There's a lot of contemporary historical evidence suggesting that this is what the founders were thinking when they put the language around Indian commerce into the Constitution. The word commerce, like read in the context in which it's also brought up concerning Indian affairs is more like intercourse, intercourse with the Indians," he says.

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