Indian Commerce Clause

E494916

constitutional clause provision of the United States Constitution

The Indian Commerce Clause is a provision of the U.S. Constitution granting Congress exclusive authority to regulate trade and affairs with Native American tribes.

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Observed surface forms (1)

Surface form	Occurrences
Indian Commerce Clause of the United States Constitution	1

Statements (46)

Predicate	Object
instanceOf	constitutional clause ⓘ provision of the United States Constitution ⓘ
affects	sovereignty of Indian tribes ⓘ state regulatory authority in Indian country ⓘ
appliesTo	federally recognized Indian tribes ⓘ
associatedWithDoctrine	plenary power doctrine ⓘ trust relationship between United States and Indian tribes ⓘ
citedInCase	Cotton Petroleum Corp. v. New Mexico NERFINISHED ⓘ Merrion v. Jicarilla Apache Tribe NERFINISHED ⓘ Seminole Tribe of Florida v. Florida NERFINISHED ⓘ United States v. Kagama NERFINISHED ⓘ Worcester v. Georgia NERFINISHED ⓘ
constitutionalBasisFor	federal Indian law ⓘ federal authority over Indian affairs ⓘ federal plenary power doctrine in Indian law ⓘ federal regulation of trade with Native American tribes ⓘ
contrastedWith	Tenth Amendment state powers NERFINISHED ⓘ
country	United States of America ⓘ surface form: United States
developedThrough	judicial interpretation ⓘ
distinguishes	Indian tribes from foreign nations and U.S. states for commerce purposes ⓘ
foundIn	Article I, Section 8, Clause 3 of the United States Constitution NERFINISHED ⓘ
grantsPowerTo	United States Congress NERFINISHED ⓘ
hasLanguage	"with the Indian Tribes" ⓘ
historicalContext	adopted at the Constitutional Convention of 1787 ⓘ
historicalPurpose	centralize regulation of trade with Indian tribes in the federal government ⓘ
implies	limited role for states in regulating commerce with Indian tribes ⓘ
influences	allocation of taxing authority involving Indian tribes ⓘ tribal jurisdiction over non-Indians in commercial matters ⓘ
interpretedBy	Supreme Court of the United States ⓘ
jurisdiction	United States government ⓘ surface form: United States federal government
languageCategory	enumerated power ⓘ
legalField	constitutional law ⓘ federal Indian law ⓘ
partOf	Commerce Clause NERFINISHED ⓘ
regulates	commerce with Indian tribes ⓘ intercourse with Indian tribes ⓘ trade with Indian tribes ⓘ
relatedTo	Foreign Commerce Clause NERFINISHED ⓘ Interstate Commerce Clause NERFINISHED ⓘ
sourceOf	exclusive or primary federal authority over Indian commerce ⓘ
supports	federal preemption of conflicting state laws affecting commerce with Indian tribes ⓘ
textIncludes	"To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes" ⓘ
usedToJustify	federal criminal jurisdiction in Indian country ⓘ federal regulation of Indian gaming ⓘ federal regulation of tribal economic activity ⓘ federal statutes regulating Indian trade ⓘ

Referenced by (4)

Full triples — surface form annotated when it differs from this entity's canonical label.

Seminole Tribe of Florida v. Florida → legalIssue → Indian Commerce Clause ⓘ

United States in litigation involving Indian tribes → basedOn → Indian Commerce Clause ⓘ

Indian Trade and Intercourse Acts → basedOn → Indian Commerce Clause ⓘ

this entity surface form: Indian Commerce Clause of the United States Constitution

United States federal Indian law and policy → basedOn → Indian Commerce Clause ⓘ