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Smashing Precedents and Making Up Facts

Strict Scrutiny

00:00

Federal Indian Law

In 1790 Congress established this federal jurisdiction over crimes by non Indians against Indians. It was reenacted in 1817 in 1834, but it doesn't explicitly say that the federal government has exclusive jurisdiction. But there is a lot of evidence that that was the understanding at the time. The court just kind of pretends like even the Supreme Court never followed that precedent.

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