3min chapter

We the People cover image

The Indian Child Welfare Act and the 14th Amendment

We the People

CHAPTER

The Indian Commerce Clause Argument

Tim Sandifer: The Supreme Court is considering the Indian Commerce Clause. He says there's nothing in the Constitution that refers to such a subject as violence against women. But Congress points to the commerce clause, which doesn't work very well, he says. Sandifer: Even if it were a treaty, it would still be unconstitutional because even the treaty power has to comply with constitutional limits.

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