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The importance of the ruling in this particular case was that it tested the constitutionality of the Act and confirmed Congress's authority over Indian affairs. Plenary power over Indian tribes, supposedly granted to the U.S. Congress by the Commerce Clause of the Constitution, was deemed not necessary to support the Supreme Court's decision ...
Georgia [59] and the Indian canon of construction in their arguments. [58] Willis Van Devanter [fn 16] argued the case for the United States, taking the position that Congress had the power to abrogate the treaty at will. Devanter cited Kagama as authority for Congress having plenary power over Indian matters. [60]
United States, clarified that tribal nations possess inherent power over their internal affairs, and civil authority over non-members on fee-simple lands within its reservation when their "conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe."
The Congress may create and charter, through the enactment of statutes, corporate bodies (Federal Corporations) which can be granted (through the Congress' plenary power to legislate) derivative (derived from the legislation, as opposed to the Constitution itself) plenary power(s) in areas that are defined by statute and which comport with the constitution.
The Rehnquist court upheld Congress's plenary authority to legislate in Indian affairs that was derived from Worcester's interpretation of the Indian Commerce Clause, but it modified Worcester by giving the states some jurisdiction over Indian affairs beyond what had been granted to them by Congress. Another view is that the Court was compelled ...
A Century of Citizenship. Rhyia Joyheart, 26, is no stranger to the day-to-day grind of 21st-century life, such as rising rent, high grocery bills, and long hours spent in city traffic.
The nearly unlimited power of Congress to adjust Indian rights still exists today. However, in the late 1960s and 1970s, congressional leadership began to see Indian policy in a new light. The past half century has seen a surge of laws favorable to Indians which allow tribes much more influence over their own futures. [12]
Instead, Congress must exercise its plenary power over tribes to abridge tribal sovereignty. [8] The substantive rights guarantees of the Indian Civil Rights act, such as the guarantee of equal protection under the law, represent such an abridgment.