America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.
Copyright © 1999 Oxford University Press. This article first appeared in The American Journal of Legal History (January 1999), 1-26.
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Wilkins, David E. “The Reinvigoration of the Doctrine of Implied Repeals: A Requiem for Indigenous Treaty Rights.” The American Journal of Legal History 43, no. 1 (January 1999), 1-26. https://doi.org/10.2307/846128