Tribal Self-Governance Virtual Conference: September 14 - 16, 2021

IMPLICIT DIVESTITURE OF TRIBAL POWERS: LOCATING LEGITIMATE SOURCES OF AUTHORITY IN INDIAN COUNTRY

“This article will explore the Supreme Court’s creation and subsequent use
of implicit divestiture as a theory delimiting tribal political authority. The
article will explore this theory within the larger context of the Court’s struggle
to articulate principles applicable to the radically changed geopolitical and
cultural landscape of today’s Indian reservations. The article will also consider whether the Court correctly perceives its interpretive role in the absence of textual congressional direction. This analysis will reveal that the Court’s approach is fundamentally flawed. Implicit divestiture lacks coherent structure, a sense of limits, that give theories value and predictive worth. Additionally, it is overly burdened with historical and ethnocentric biases that run antithetically to the notion of retained tribal powers.”

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File Type: pdf
Categories: Other Studies and Articles

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We are still uploading information and refining/adding pages, but you are welcome to start exploring the Phase I release of the new tribalselfgov.org site. A number of  new features are available, including: a Self-Governance document library, new advisory committee pages, a Self-Governance map project, a timeline of key milestones in the history of Self-Governance and more.

Thank you!

– SGCETC