Tribal Nations and Congress's Power to Define Offences Against the Law of Nations

Authors

John H. Dossett, Panelist, Distinguished Practitioner in Residence, Fall 2016, Cornell Law School; Adjunct Professor, Northwestern School of Law at Lewis & Clark

First Page

41

Last Page

66

Document Type

Article

Abstract

The Framers of the Constitution founded the United States on a principle that the federal government has limited, enumerated powers. This Article advances the Offences Clause as an additional, and important, source of federal authority in Indian affairs, particularly for the Indian Child Welfare Act. There is considerable evidence that the Offences Clause was intended to authorize Congress to regulate relationships with tribal nations as well as foreign governments. This Article puts forth the Offences Clause as a response to the challenges raised by Justice Thomas and the State of Texas, including concerns about racial classification or overreach of commerce clause authority.

Recommended Citation

John Hayden Dossett, Tribal Nations and Congress's Power to Define Offences Against the Law of Nations, 80 Mont. L. Rev. 41 (2019).