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Tribal sovereignty is a constitutional reality. Federally recognized Indian tribes are sovereign nations that predate the United States, and the Constitution explicitly recognizes their status through the Indian Commerce Clause. Treaty rights are the supreme law of the land. And the federal trust responsibility imposes fiduciary-like obligations on the federal government toward the tribes.
The Constitutional Tribal Law Warrior is Volume XLIX of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full tribal constitutional landscape: the foundations of tribal sovereignty — the Marshall trilogy and Worcester v. Georgia's enduring framework; the Indian Commerce Clause and Congress's plenary power; treaty rights — treaty interpretation principles and McGirt v. Oklahoma's reservation disestablishment holding; the federal trust responsibility and its enforceable dimensions; Public Law 280 and the allocation of civil and criminal jurisdiction; the Indian Reorganization Act and tribal constitutional governance; the Indian Civil Rights Act — due process guarantees, the habeas corpus provision (Santa Clara Pueblo v. Martinez), and limits on federal court jurisdiction; NAGPRA repatriation; tribal sovereign immunity; and gaming law constitutional dimensions under California v. Cabazon Band.
The Constitutional Tribal Law Warrior
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