Jump to ContentJump to Main Navigation
Shadow NationsTribal Sovereignty and the Limits of Legal Pluralism$
Users without a subscription are not able to see the full content.

Bruce Duthu

Print publication date: 2013

Print ISBN-13: 9780199735860

Published to Oxford Scholarship Online: September 2013

DOI: 10.1093/acprof:oso/9780199735860.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 17 January 2020

Structure and Relationship: The Constitutional Dimensions of Federal and Tribal Power in Indian Country

Structure and Relationship: The Constitutional Dimensions of Federal and Tribal Power in Indian Country

Chapter:
(p.129) Chapter 5 Structure and Relationship: The Constitutional Dimensions of Federal and Tribal Power in Indian Country
Source:
Shadow Nations
Author(s):

N. Bruce Duthu

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199735860.003.0006

In the modern era, the constitutional challenge for policymakers, lawmakers and academics is to articulate a vision for tribal sovereignty that avoids the imperialist impulses of past eras while ensuring that national commitments to liberal democracy and individual freedoms are duly honored and respected by tribal governments. Focusing on the Indian law jurisprudence of Associate Justice Anthony Kennedy, this chapter examines the constitutional limits on Congress’ power to reshape the contours of inherent tribal power. In the process, we consider whether so-called structural limitations emanating from the Constitution may in fact constrain federal power to empire at will in Indian Country. The resulting tensions expose the necessity of envisioning a new institutional architecture by and through which matters of common concern to tribes and the nation-state may be negotiated in bilateral terms.

Keywords:   structuralism, federalism, separation of powers, consent of the governed, invisible Constitution, plenary power

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .