"The U. S. Supreme Court's Explication of "Federal Plenary Power
An Analysis of Case Law Affecting Tribal Sovereignty, 1886-1914
Bibliographic Data
| ID | 11102409 |
|---|---|
| Authors | David E Wilkins (0000-0002-3385-8981, corresponding author) |
| Year | 1994 |
| Volume | 18 |
| Issue | 3 |
| Pages | 349 |
| Publication date | 1994-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | The American Indian Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0095-182X • E-ISSN: 1534-1828 |
| Publisher | JSTOR (PUBLISHER) |
| DOI | 10.2307/1184741 |
| OpenAlex | W2036782470 |
| Language | EN |
| Citations received | 6 |
| References cited | 5 |
tutional issues and circumstances that influence tribal-federal affairs. A central feature of this dynamic dialogue is the incongruous relationship between the United States Congress's exercise of plenary power and the tribes' efforts to exercise their sovereign political rights. This essay traces the historical, legal, and political origins and transformation of this pivotal concept from 1886 to 1914, an important period in its development. Analysis of 107 federal court cases and of the plenary power concept reveals that congressional plenary power has several distinctive definitions. Depending on which definition is used by the court and whether the term is based on constitutional or extra-constitutional doctrine, determines whether the court's decision will adversely or positively affect tribal sovereignty, political rights, and resources. One of the perennial puzzles in intergovernmental relations and constitutional law is the following question: What is the relationship between American Indian tribal governments, that exercise certain sovereign rights, and the United States government which presumes a plenary power with regard to tribes? Despite the federal government's presumptioni of vast authority over tribes,2 plenary power remains a problematic concept, particularly when paired with the doctrine of tribal sovereignty
Explication · Political science · Sovereignty · Supreme court · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies · Philosophy
| Unique citing works | 6 |
|---|---|
| Citations per year | 0,19 |
| Citation span | 1995 - 2019 (25) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 6 |