The Original Understanding of the Indian Commerce Clause

This article is a comprehensive analysis of the original meaning of and understanding behind the Constitution's Indian Commerce Clause under which Congress ...

Those sources compelled the conclusion that Congress's powers under the Indian Commerce Clause were not plenary. Rather, like Congress's powers ...

The Original Meaning of Commerce in the Indian Commerce Clause

In Haaland v. Brackeen, the Supreme Court returned to the foundational question of federal authority over relations between the United States and Native ...

The Original Understanding of the Indian Commerce Clause

Marriage, supra note 2, at 65-66 (stating that federal Indian law is “derived in large part from the. Indian Commerce Clause, treaties with Indian tribes, and a ...

Beyond the Indian Commerce Clause - The Yale Law Journal

The Indian Commerce Clause originated with Article IX of the Articles of Confederation.35 A compromise resulting from a vigorous debate over state authority,36 ...

The Original Understanding of the Indian Commerce Clause

However, this claim is inaccurate: "Regulating Commerce with the Indian Tribes" was merely an application of the law merchant to the Natives, It ...

The Original Understanding of the Indian Commerce Clause

The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution's ...

The original meaning of the Indian Commerce Clause

The Constitution grants Congress the power to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.

(PDF) The Original Understanding of the Indian Commerce Clause

The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution's Indian ...

What is the Original Meaning of the Indian Commerce Clause?

Professor Rob Natelson argues that Congress's power to regulate commerce with the Indian tribes authorizes broad regulatory authority over trade.

The Original Meaning of Commerce in the Indian Commerce Clause

Pomp, The. Unfulfilled Promise of the Indian Commerce Clause and State Taxation, 63 TAX LAW. 897 (2010);. Mark Savage, Native Americans and the Constitution: ...

"The Original Meaning of the Commerce Clause" by Randy E. Barnett

... regulate and restrict the flow of goods to and from other nations (and the Indian tribes) for the purpose of promoting the domestic economy and foreign trade.

The Original Understanding of the Indian Commerce Clause

By Robert G. Natelson, Published on 01/01/07.

The Original “Market” Understanding of the Commerce Clause

Congress's power “[t]o regulate commerce with foreign. Nations, and among the several States, and with the Indian Tribes”1 has always been the ...

Commerce with the Indian Tribes - Georgetown Law

Arguing that the original meaning and the original understanding of the Indian Commerce Clause are the same and that the clause “was adopted to grant ...

The Original Understanding of the Indian Commerce Claus

The United States Congress claims plenary and exclusive power over federal affairs with the Indian tribes, based primarily on the Constitution's ...

In Defense of the Indian Commerce Clause

Interstate Commerce Clause provides an analytically satisfying explanation of modern Commerce. Clause doctrine and provides Congress with the ...

EXAMINING THE INTERSTATE COMMERCE CLAUSE THROUGH ...

interpretation of the power to “regulate Commerce,” and in turn, a narrow interpretation of both the Indian Commerce Clause and the Interstate. Commerce Clause.

Interpretation: The Commerce Clause | Constitution Center

"To regulate" meant to make regular, but at least with respect to the international trade, it also included the power to ban the trade in some items, as ...

The Missing Indian Affairs Clause

Thus, with the evisceration of the president's power to treat with the tribes, the plenary power to regulate Indian affairs was lodged in the Indian Commerce ...