3min chapter

We the People cover image

The Indian Child Welfare Act and the 14th Amendment

We the People

CHAPTER

The Supreme Court and the Indian Commerce Clause - It's Not Just the Indian Gomers Clause

The Supreme Court has set precedent for over 100 years now that it's not just the Indian Commerce Clause that supports Congress's plenary authority over Indian affairs. The federal government, like we've said, has used this broad authority to justify doing a lot of things. To revisit that now would be just so disruptive and so harmful to everything that's been built.

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