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