2min chapter

Strict Scrutiny cover image

Smashing Precedents and Making Up Facts

Strict Scrutiny

CHAPTER

The Equal Footing Doctrine in Federal Indian Law

The equal footing doctrine is based on the principle that when a state joins the union, it has equal rights of sovereignty as existing states. And so the argument was when Wyoming or Colorado joined the union, they had the same rights as, let's say, Georgia. The Supreme Court explicitly overruled this case from the late 19th century resting on the equal footing doctrine.

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