From Marshall to Marshall The Supreme Court's changing stance on tribal sovereignty

From the era of Chief Justice John Marshall through the time of Justice Thurgood Marshall, the Supreme Court has struggled to define the doctrine of American Indian tribal sovereignty. Tribal sovereignty is not simply an abstract legal concept; it is part of the military, social, and economic development of our country. The following is a look at how the decisions of the Court for the past 170 years have defined, defended, and ultimately diminished that sovereignty.

The role of the Supreme Court in affecting Indian sovereignty is best understood in relation to the powers of Congress and the President. Under the Constitution, Congress has the power to regulate commerce with the Indian tribes. The Indian Commerce Clause (Article I, 8, clause 3) is the main source of federal power over Indian tribes and has been the primary vehicle used by Congress to recognize and define tribal sovereignty. In addition, the Court has ruled that Congress, as the legislative body of the nation, has an intrinsic power to deal with the Indian nations that reside within the borders of the United States.

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