What happens when Washington runs amok? Ask a Native American

The article examines the Plenary Power Doctrine, a legal principle granting the U.S. federal government extensive authority over Native American tribes, often bypassing constitutional checks and balances. This doctrine originated in the late 19th century amid America's expansionist era, when the U.S. government sought to undermine tribal sovereignty for economic and cultural assimilation purposes. Native Americans endured significant hardships, including land loss and cultural suppression, under policies justified by this doctrine.
The significance of this story lies in its historical and contemporary implications. The Plenary Power Doctrine remains in effect today, though it has increasingly been used to support Native American self-determination. However, the doctrine's unchecked nature poses a cautionary tale about power without accountability, particularly relevant in today's political climate where foundational principles are tested. Keith Richotte Jr., an expert in Indigenous law, warns that history could repeat itself if these legal precedents are not challenged, urging for a reevaluation of the doctrine to protect tribal rights and maintain democratic principles.
RATING
The article provides a compelling analysis of the historical and contemporary implications of the Plenary Power Doctrine in federal Indian law. It effectively highlights the negative impacts of government overreach on Native American communities while raising important questions about constitutional authority and minority rights. The article benefits from the author's expertise, contributing to its credibility, but would be strengthened by the inclusion of additional sources and a broader range of perspectives. While the narrative is clear and engaging, greater transparency regarding sources and potential conflicts of interest would enhance its reliability. Overall, the article successfully addresses topics of significant public interest, with the potential to influence public opinion and encourage policy discussions.
RATING DETAILS
The article accurately outlines the historical context and judicial developments concerning the Plenary Power Doctrine, which has been a significant aspect of federal Indian law since the late 19th century. The description of the *U.S. v. Kagama* case and the Major Crimes Act is factually correct, as these were pivotal in establishing congressional authority over Native American tribes. The article correctly identifies that the doctrine has been used both to benefit and harm Native American communities, reflecting historical and contemporary realities. However, some areas, such as the broad claim that the doctrine is rooted in a combination of might-makes-right and inherent superiority, could be more nuanced, as legal justifications often involve complex interpretations of constitutional clauses, like the Indian Commerce Clause.
The article primarily presents a critical perspective on the Plenary Power Doctrine and its historical impact on Native American communities. While it effectively highlights the negative consequences of federal overreach, it does not equally emphasize the positive uses of plenary power in recent decades, such as the legislation supporting tribal self-determination. By focusing predominantly on the historical injustices, the article may appear biased to readers who are not familiar with the broader spectrum of federal Indian policy. Including more diverse perspectives, such as those of legal scholars or government officials who support the current application of plenary power, could provide a more balanced view.
The article is well-structured and presents its argument clearly, with a logical progression from historical context to contemporary implications. The language is accessible to a general audience, although some legal terms and concepts, such as the Plenary Power Doctrine, may require further explanation for readers unfamiliar with federal Indian law. The article effectively uses historical examples to illustrate its points, enhancing reader comprehension and engagement.
The article is authored by Keith Richotte Jr., a law professor and director of the Indigenous Peoples Law and Policy Program, which lends credibility to the analysis. However, the article does not cite specific sources or studies to support its claims, which could enhance its reliability. While Richotte's expertise is evident, the inclusion of additional authoritative sources, such as historical documents or legal analyses, would strengthen the article's foundation and provide readers with resources for further exploration.
The article lacks explicit transparency regarding its sources and methodology. While it presents a coherent argument, it does not disclose the basis for some of its claims, such as the assertion of inherent superiority as a justification for plenary power. Additionally, the article does not address potential conflicts of interest, such as the author's affiliation with Native American advocacy, which could influence the narrative. Greater transparency in these areas would help readers assess the impartiality and credibility of the content.
Sources
- https://www.yalelawjournal.org/article/beyond-the-indian-commerce-clause
- https://canopyforum.org/2023/03/29/johnson-v-mintosh-plenary-power-and-our-colonial-constitution/
- https://harvardlawreview.org/wp-content/uploads/2019/11/402-411_Online.pdf
- https://www.montanabar.org/News/View/ArticleId/11992/2023-US-Supreme-Court-decisions-impacting-Indian-Country
- https://www.uaf.edu/tribal/academics/112/unit-1/crowdogcase.php
YOU MAY BE INTERESTED IN

The Court’s deportation lunacy, progs are losing — but won’t quit and other commentary
Score 5.0
Relief for Trump in sight — if Supreme Court special session reins in rogue judges
Score 6.8
Trump is not invincible: Democrats, immigrants and the politics of due process
Score 5.2
What happens if Trump doesn't obey court orders? New spotlight on U.S. marshals
Score 6.2