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It's important to note that sovereignty can mean different things. Certainly the federal government and each state government are different sovereigns, but tha
by abduhl 6y ago
It's important to note that sovereignty can mean different things. Certainly the federal government and each state government are different sovereigns, but that doesn't mean that the federal government can't use eminent domain to seize land in a state. The federal government is the supreme sovereign in the USA.
It is similar for tribes: they are recognized as sovereigns on the same level as states. The federal government remains supreme and, in fact, can revoke their sovereignty at any time through Congress.
- gwright 6y agoTotally not my area of expertise, but but IMHO the dual sovereignty relationship between the federal government and states is actually not the same sort of relationship as between the United States and Indian tribes. There may be similarities, but they are not the same. https://en.wikipedia.org/wiki/Tribal_sovereignty_in_the_United_States https://en.wikipedia.org/wiki/Tribal_sovereignty_in_the_Unit...
- abduhl 6y agoWhat I meant by "on the same level of states" is that the federal government is the supreme sovereign. This understanding is per the commerce clause which places them on the same level as states for purpose of regulation: Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes. I agree they are not exactly the same when it comes to actual powers.
- _jal 6y agoNot an attorney, and especially not a specialist in border disputes, but there is a distinction to be made here. The Feds using eminent domain inside a state - kicking the former legitimate owner off of it and taking it for federal use - is quite different than the Feds, say, taking a piece of New Mexico and saying it is now part of Texas.