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2 results

  • 2 - The Navajo Nation

  • from Part I - Past
  • Ezra Rosser, American University, Washington DC
  • Book:
    A Nation Within
    Published online:
    24 September 2021
    Print publication:
    07 October 2021, pp 23-35

  • Summary

    Though it is the size of West Virginia, the Navajo Nation is relatively unknown to non-Indians except the few who live there. Chapter 2 presents a portrait of the reservation, covering everything from the ubiquitous poverty and unemployment to the structure of Navajo extended families. The chapter also launches the reader into a brief history of the tribe, moving from the Navajo creation story to the Navajo long walk and internment to the establishment of the reservation with the signing of the 1868 Treaty with the United States.

  • 14 - There Is No Federal Supremacy Clause for Indian Tribes

  • from Part IV - (Mis)Understandings
  • Edited by Grant Christensen, University of North Dakota, Melissa L. Tatum, University of Arizona
  • Book:
    Reading American Indian Law
    Published online:
    11 December 2019
    Print publication:
    12 December 2019, pp 334-356

  • Summary

    There Is No Federal Supremacy Clause: illustrates how the Supreme Court’s federalism jurisprudence has recognized the rights of states and placed new limits on the powers of the federal government, even while the courts have steadfastly deferred to the ‘plenary power’ of Congress in the area of Indian affairs. Clinton suggests that the plenary power doctrine is no longer consistent with a textualist reading of the Constitution, and urges instead an interpretation where there is no federal power over Indian tribes at all without their consent manifested through treaty.