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The plenary power doctrine holds that US tribes aren't sovereign with regard to the US federal government, which is why they're controlled by laws instead of tr
by Bartweiss 8y ago
The plenary power doctrine holds that US tribes aren't sovereign with regard to the US federal government, which is why they're controlled by laws instead of treaties. This is also why you can't get tribal protection against federal criminal charges.
But the flip side of that is that tribal sovereignty can't protect government actions; as the superior power both Constitutional rules and international treaties would remain in force.
(I can't work out what's up with the Inslaw case. Tribal territory definitely doesn't legalize CIA arms deals, so there isn't even a motive for a conspiracy like that. But even Wikipedia suggests that case could "drive a sane man to madness".)