28min chapter

We the People cover image

Native Americans and the Supreme Court

We the People

CHAPTER

Justice Scalia and Native American Law

This chapter explores the complexities of Justice Scalia's judicial philosophy regarding Native American law, focusing on his originalist and textualist principles. It discusses landmark cases like Oliphant and Montana, analyzing their implications for tribal rights and authority. The narrative emphasizes the evolving relationship between tribal sovereignty and federal law, advocating for a redefined partnership that respects Native American self-determination.

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