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Broken LandscapeIndians, Indian Tribes, and the Constitution$
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Frank Pommersheim

Print publication date: 2012

Print ISBN-13: 9780199915736

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199915736.001.0001

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Conclusion

Conclusion

Imagination, Translation, and Constitutional Convergence

Chapter:
(p.295) 10 Conclusion
Source:
Broken Landscape
Author(s):

Frank Pommersheim

Publisher:
Oxford University Press
DOI:10.1093/acprof:osobl/9780199915736.003.0010

This text emphasizes the need for constitutional reform in order to address issues regarding Native American Indian tribe sovereignty. It identifies the Supreme Court and Congress as the main culprits in deconstitutionalizing Indian law. It acknowledges the two branches' own confusion regarding the topic by reviewing cases pertaining to Indian law and concerns. It also touches on the idea of treaty federalism by reestablishing a meaningful relationship between the federal government and tribes. The text supports this by citing the works of Russel Lawrence Barsh and James Youngblood Henderson, which contributed to the development of treaty federalism, and the creation of an amendment needing to respect tribal sovereignty.

Keywords:   constitution reform, Native American Indians, Indian tribe sovereignty, US Supreme Court, U.S. Congress, Indian law, treaty federalism, federal government, Russell Lawrence Barsh, James Youngblood Henderson

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