I respectfully disagree. That our current state of affairs has worked out as the author explains is regrettable, but it doesn't make it right. Courts as an institution have based their interpretation of the Constitution and the federal/tribal relationship upon Justice Marshall's model. But that doesn't mean that Marshall's interpretation was the correct one. At the time that the Constitution was written, those drafters did view Indian Nations as fully sovereign entities. That the Court has not doesn't make it so - it makes the Court wrong. The Court was wrong in 1823, and it is wrong today. The author is correct, however, in that is is all that we have to work with. That is the unfortunate reality of it all.
Friday, February 25, 2011 - 16:25