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Live at the National Constitution Center
Native Americans and the Supreme Court
Nov 12, 2024
Delve into the rich intersection of Native American history and Supreme Court rulings. Discover the evolution of plenary power from the 1880s to legal recognition today. Explore key cases like McGirt and Oliphant, and the ongoing struggle for tribal sovereignty. Learn about contrasting judicial philosophies and their impact on Indigenous rights. Unearth the philosophical teachings of the Anishinaabe and their relevance in today's legal landscape. Gain insights into recent successes in governance and education that are reshaping perspectives on Native rights.
58:07
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Quick takeaways
- The podcast explores the evolution of plenary power in U.S. law, highlighting tensions between Native sovereignty and federal authority through landmark cases.
- Contrasting interpretations of textualism, such as Muskrat and Canary textualism, reflect broader ideological conflicts in the Supreme Court regarding Native rights.
Deep dives
The Plenary Power Doctrine
Plenary power is a federal doctrine that gives the U.S. government extensive authority over Native American tribes, largely rooted in historical racism and stereotypes. Initially articulated in the late 19th century, this doctrine has evolved as different Supreme Court cases have interpreted its authority. Significant cases like US v. Kagama in 1886 and later US v. Laura in 2004 highlight how the understanding of plenary power has transitioned from lacking constitutional backing to being justified under the Commerce Clause. This shift reveals underlying tensions in the framework of U.S. law regarding Native sovereignty and rights.
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Discover
highlights
Listen to the best highlights from the podcasts you love and dive into the full episode