We conflict not, David, because without the plenary powers doctrine there is no treaty abrogation. Plenary powers is the disease and treaty abrogation a mere symptom, although a deadly one. You know, the Indian Commerce Clause and the Commerce Clause are literally one in the same. If the Commerce Clause were read against state power as vigorously as the Indian Commerce Clause is read against tribal power, there would quickly be another Civil War, or at least an amendment.
To stay on topic, I do wonder how many gun regs have been written to apply to reservations? Not that it matters, in the sense that a tribal gun shop outside of federal regulation would last until the next session of Congress. Steve Russell -----Original Message----- From: [EMAIL PROTECTED] on behalf of David T. Hardy Sent: Mon 2/9/2004 12:26 AM To: [EMAIL PROTECTED] Cc: Subject: Re: Aboriginal right to arms At 12:03 AM -0500 2/9/04, Russell, Steve wrote: >If this was in the US, the Second Amendment would be irrelevant. >The argument would be that if a right was not given up in a treaty, >it still exists. Of course, Congress would just have to mention >tribes specifically when regulating guns to kick in the plenary >powers doctrine, if it hasn't already (I've never looked). > >Steve Russell Unless Congress, by enacting a law of general applicability, with appropriate leg. history showing that it understood it would apply to Indians, thereby abrogated the treaty (see Dion v US, where the govt's position was based on my research, with regard to the Eagle Protection Act).... altho there the tribes might be entitled to sue for compensation based on the takings clause. White Father giveth, White Father taketh away, albeit these days with some 5th amendment protections. (grin). -- _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof _______________________________________________ To post, send message to [EMAIL PROTECTED] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof
