Year: 2014
Type: article
Abstract: Indian tribes are governments whose status as distinct, self-governing political entities predates the United States Constitution.Indian tribes do not derive their existence or, in most respects, their authority to govern or do business from the United States.Indian tribes, no two identical, have their own forms of government.Most Indian tribes have laws, ordinances and regulations governing business transactions by and with tribal entities.Commerce among Indian tribes predated European contact.After European contact, commerce by and with Indian tribes expanded in many different modes according to needs and opportunities of the times.On behalf of the Union, Article I, Section 8 of the United States Constitution delegated to Congress the Nation's authority, purposefully preempting state authority, to regulate commerce with Indian tribes Laws enacted by Congress in the 1790s regulating sales, leases and other conveyances of tribal land and trade with Indian tribes remain substantially in effect. 1 Many treaties between the United States and Indian tribes 2 secured and regulated trade by and with Indian tribes.3
Source: bepress Legal Repository
Author: Michael Patrick O'Connell
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2618546758