Indian Commerce Clause

E494916

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.

All labels observed (3)

How this entity was disambiguated

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 ⓘ
Merrion v. Jicarilla Apache Tribe ⓘ
Seminole Tribe of Florida v. Florida ⓘ
United States v. Kagama ⓘ
Worcester v. Georgia ⓘ
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 ⓘ
country 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 ⓘ
grantsPowerTo United States Congress ⓘ
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 federal government ⓘ
languageCategory enumerated power ⓘ
legalField constitutional law ⓘ
federal Indian law ⓘ
partOf Commerce Clause ⓘ
regulates commerce with Indian tribes ⓘ
intercourse with Indian tribes ⓘ
trade with Indian tribes ⓘ
relatedTo Foreign Commerce Clause ⓘ
linked to: Commerce Clause

Interstate Commerce Clause ⓘ
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 ⓘ

How these facts were elicited

Referenced by (6)

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

Seminole Tribe of Florida v. Florida → legalIssue → Indian Commerce Clause ⓘ
Indian Trade and Intercourse Acts → basedOn → Indian Commerce Clause of the United States Constitution ⓘ
linked to: Indian Commerce Clause
Cherokee–United States relations → legalFramework → U.S. Constitution Indian Commerce Clause ⓘ
linked to: Indian Commerce Clause
United States–Native American relations → hasLegalBasis → U.S. Constitution Indian Commerce Clause ⓘ
linked to: Indian Commerce Clause