Blast from the Past: Sen. McCarren’s Bill to Repeal the Indian Commerce Clause
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Blast from the Past: Sen. McCarren’s Bill to Repeal the Indian Commerce Clause
The same Termination-era Congressional leader that brought us the McCarren Amendment also attempted to repeal the Indian Commerce Clause. Here is a file that includes the 1951 and 1953 bills (also the Cohen memoranda mentioned below): Indian Commerce Clause Repeal.pdfDownload Felix Cohen helpfully pointed out that this silly idea had no chance of passing: It’s still likely that Congress would possess “plenary power” over Indian affairs even in t…
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