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Tag: Brackeen v. Haaland

The Supreme Court’s Confused Decision in Haaland v. Brackeen

The Commerce Clause part of the decision is a mess. There is no more polite way to describe it.

New Video on the Limits of Congress’s Commerce Clause Power

Congress’ effort to regulate Indian child placement is unconstitutional.

Will the Supreme Court stretch the Commerce Clause even more?

Some claim that when the word “Commerce” is applied to Native Americans, it magically balloons in scope, allowing Congress to regulate just about anything.

A Further Response to Prof. Ablavsky on the Indian Commerce Clause

We discovered that Ablavsky’s work contained a disturbing number of inaccurate, non-existent, and misleading citations, as well as deceptively-edited quotations.

Indian Child Welfare Act: Another case of Congress’s overreach goes to the Supreme Court

The Constitution does not give Congress authority to regulate the adoption of children.

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