Indian Commerce Clause Archives - Independence Institute

Will the Supreme Court stretch the Commerce Clause even more?0
- September 7, 2022
Some claim that when the word “Commerce” is applied to Native Americans, it magically balloons in scope, allowing Congress to regulate just about anything.
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A Further Response to Prof. Ablavsky on the Indian Commerce Clause 0
- August 29, 2022
We discovered that Ablavsky’s work contained a disturbing number of inaccurate, non-existent, and misleading citations, as well as deceptively-edited quotations.
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The Constitution’s rules for relations with Indian tribes: part II 0
- July 19, 2022
The leading myth in Indian law is that the Constitution gives Congress “plenary” (absolute) authority over Indian affairs.
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The Supreme Court’s recent—and sweeping—Indian Law cases: part I 0
- July 19, 2022
One reason the votes in these cases were so close is that the law of tribal sovereignty is chaotic.
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The Fascinating Supreme Court Opinions in the Vaello Madero Case 0
- May 10, 2022
Justice Thomas punctured a judicial balloon and Justice Gorsuch issued his own sizzling opinion.
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A Preliminary Response to Prof. Ablavsky’s “Indian Commerce Clause” Attack 0
- April 7, 2022
An advocate of vast congressional power takes quotes out of context, misrepresents what others say, and makes historical errors
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