Year: 1996
Type: article
Abstract: As every schoolchild learns," the Supreme Court has said, "our Constitution establishes a system of dual sovereignty between the States and the Federal Government."'What schoolchildren-and almost all law students-do not learn is that this story of sovereignty is radically incomplete."Our Federalism" 2 came about through our colonialism.Accordingly, although sovereignty created by the United States Constitution is indeed dual, sovereignty within the United States is triadic: American Indian tribes have sovereignty as well.Precisely a century ago, the Supreme Court itself squarely recognized that tribal sovereignty is not "created by and springing from the Constitution," 3 but rather is an inherent sovereignty that "existed prior to the Constitution" 4 and is, therefore, not subject to it.5 Tribes today continue to exercise sovereignty in a
Source: Minnesota law review
DOI: 10.24926/265535.2992
Author: Philip P. Frickey
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W24553936