The DOI matches its Crossref record.
Federal Power over Indians: Its Sources, Scope, and Limitations
Abstract
Judicial deference to federal legislation affecting Indians is a theme that has persisted throughout the two-hundred-year history of American Indian law. The Supreme Court has sustained nearly every piece of federal legislation it has considered directly regulating Indian tribes, whether challenged as being beyond federal power or within that power but violating individual rights.' This judicial deference often has been justified by invoking federal plenary power to regulate Indian affairs and the political question doctrine's requirement of deference to the political branches. Indeed, not until 1977 did the Court explicitly repudiate use of the political question doctrine to bar equal protection challenges to federal legislation regulating Indian affairs.
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Of Native Americans and Tribal Members: The Impact of Law on Indian Group Life
Goldberg, C. (1994) · Law & Society Review · doi:10.2307/3054025 · Cited by 27
There Is No Federal Supremacy Clause for Indian Tribes
Clinton, R. N. (2019) · Cambridge University Press eBooks · doi:10.1017/9781108770804.020 · Cited by 24
Contested Identities: The Adoption of American Indian Children and the Liberal State
Slaughter, M. M. (2000) · Social & Legal Studies · doi:10.1177/096466390000900203 · Cited by 15
Indefinite Detention, Colonialism, and Settler Prerogative in the United States
Saito, N. T. (2018) · Social & Legal Studies · doi:10.1177/0964663918769362 · Cited by 13
“This characterization of Indigenous peoples as internal colonies laid the groundwork for the federal government’s subsequent assertion of absolute – ‘plenary’ – power over Indian affairs (Churchill, 2002: 673–679; Newton, 1984).”
Background
Metadata
- Authors
- Newton, N. J.
- Corresponding author
- Newton, Nell Jessup
- Venue
- University of Pennsylvania Law Review
- Publisher
- JSTOR
- Published
- 1984-01
- Volume
- 132
- Issue
- 2
- Pages
- 195
- ISSN
- 0041-9907 (ISSN-L)
- OpenAlex
- W801817366
- Semantic Scholar
- 5dad23d2335f2155f46fa3f226ff5143366702e9
- Cited by
- 26
- References
- 0
- Citations by year
- 2023: 1 · 2022: 2 · 2021: 1 · 2020: 1 · 2019: 6 · 2018: 1 · 2017: 1 · 2013: 1
- FWCI
- 0.00
- Type
- journal article
- Language
- en
- Open access
- closed
- Locations
- University of Pennsylvania Law Review (publishedVersion)
- eYLS (Yale Law School) (submittedVersion)
- Penn Carey Law Legal Scholarship Repository (University of Pennsylvania) (submittedVersion)
- Topics
- Social Sciences › Law › Indigenous Peoples' Rights and Law
- Social Sciences › Political Science and International Relations › American Constitutional Law and Politics
- Social Sciences › Anthropology › Indigenous Cultures and History
- Keywords
- federal Indian law, judicial deference, political question doctrine, Indian affairs legislation, Supreme Court, tribal sovereignty
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- CoChat. (2026). Citation check: Federal Power over Indians: Its Sources, Scope, and Limitations. https://app.cochat.ai/papers/10.2307/3311816
- The paper
- Newton, N. J. (1984). Federal Power over Indians: Its Sources, Scope, and Limitations. University of Pennsylvania Law Review. https://doi.org/10.2307/3311816