The Indian Child Welfare Act and the 14th Amendment
We the People
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Iqwa
There's a lot of misconceptions out there. People assume that Iqwa applies on tribal lands and it doesn't. We're talking about children who live off of reservation and who are citizens of the United States. The big question really centers around this funny word, plenary. And we obviously would not say that Congress can disregard constitutional limitations such as the Equal Protection and Due Process clauses in order to legislate in those regards.
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