Amicus With Dahlia Lithwick | Law, justice, and the courts cover image

When You Take Away the Kids, You Take Away the Future

Amicus With Dahlia Lithwick | Law, justice, and the courts

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The Supreme Court's Limits on Plenary Power in Indian Affairs

The Supreme Court for a long time has said that congressional power or the power of the political branches does plenary over Indian affairs. The court created its own test to test limits of the plenary power, which is rationally related to federal government's special relationship with Native Americans in advancing tribal self-government. So many statutes within the federal Indian law canon, including the Indian Child Welfare Act, point to the trust responsibility as a source of power.

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