Native Americans and the Supreme Court
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The Indian Commerce Clause and Tribal Sovereignty
This chapter explores the intricate dynamics of the Indian Commerce Clause and its interpretation by the Supreme Court, focusing on Native American rights. Contrasting two interpretative approaches, 'Muskrat textualism' and 'canary textualism', it examines their implications for tribal sovereignty through key court cases. Highlighting both historical and contemporary judicial decisions, the chapter underscores the ongoing struggle for self-determination among Indigenous tribes against a backdrop of federal authority.
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