Whose Land is Oklahoma? Tough Question...

Learning Constitutional Law by Jennifer Miller

Episode notes

Hi all; welcome to our second-to-last episode of the Con Law podcast for Fall 2024! In this episode, we are going to talk about the powers of Native American tribes. The tribes are specifically recognized entities within the Constitution and by the Congress, but sorting out what level of power and authority those tribes have has been an ongoing debate since the founding of our country. With this episode, we are going to take a high-level look at topics like self-government, power over lands, criminal justice (which has been a dominant area of concern in recent years), and the placement of children under the Indian Child Welfare Act (ICWA). We will also encounter some additional concepts with our cases, so be on the lookout for the court's use of commandeering, preemption, and dual sovereignty in these cases!

Keywords
Dual SovereigntySovereign ImmunityCommandeeringState PowersPreemptionNative American TribesReservationsIndian Child Welfare Act