Commerce with the Indian Tribes – governed by a separate set of laws known as Admiralty

commerce with the Indian Tribes:

1. Commerce with the Indian tribes and with the Indians of the the Indian tribes.  27 Am J1st Indians § 54[1]

 “The Commerce Clause”
of the United States Constitution:

Article 1, Section 8, Clause 3

     “The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;

     To regulate commerce with foreign nations, and among the several states, and with the Indian tribes


     Admiralty law, which in summary governs commercial trade practices between various political bodies, often has subversive effects on the Constitutional rights of Citizens and on Indian Country.  If you are going to learn about the U.S.-tribal relations, it is important to also study the three priamry modes of jurisprudence within U.S. and international law:

Admiralty – aka maritime law; the law of the sea; the law of nations; commercial law; the law merchant.


Common Law – 

   Excerpt from Erwin N. Griswold’s Law and Lawyers in the United States; The Common Law Under Stress (1964):

     “The Commerce Clause[.] One of the most important provisions of the American Constitution is one which has no counterpart in any aspect of the government of England, though the same general question does arise in other British countries, such as Canada and Australia.  This provision is the Commerce Clause, Article i, section 8 of our Constitution, which provides that ‘Congress shall have Power . . . to regulate Commerce with foreign Nations and among the several States, and with the Indian Tribes.’  These are simple words, but they have had far-reaching effect.  It is not too much to say, I think, that these words have had more to do with making us a Nation than any other provision of the Constitution. [2]


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[1]: Ballantine’s Law Dictionary with Pronunciations
Third Edition
 by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[2]: Erwin N. Griswold’s Law and Lawyers in the United States; The Common Law Under Stress 82 (1964)


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