{"id":9406,"date":"2017-11-24T21:35:00","date_gmt":"2017-11-24T21:35:00","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9406"},"modified":"2017-11-25T00:22:47","modified_gmt":"2017-11-25T00:22:47","slug":"commerce-with-the-indian-tribes","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9406","title":{"rendered":"Commerce with the Indian Tribes – governed by a separate set of laws known as Admiralty"},"content":{"rendered":"

commerce with the Indian Tribes<\/span>:<\/strong><\/span><\/p>\n

1. Commerce<\/a> with the Indian tribes and with the Indians of the the Indian tribes.\u00a0 27 Am J1st Indians\u00a0\u00a7 54<\/span>.\u00a0<\/span><\/strong>[1]<\/span><\/p>\n

\u00a0“The Commerce Clause”
\nof the United States Constitution:<\/span><\/strong><\/span>
\nArticle 1, Section 8, Clause 3<\/a><\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0“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;<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0To regulate commerce with foreign nations, and among the several states, and with the Indian tribes<\/a><\/span>“<\/span><\/strong><\/p>\n

Notice:<\/span><\/strong><\/p>\n

\u00a0 \u00a0 \u00a0Admiralty law<\/a>, which\u00a0in summary\u00a0<\/em>governs commercial trade practices between various political bodies, often has subversive effects on the Constitutional rights of Citizens\u00a0and<\/em><\/span>\u00a0<\/em>on\u00a0Indian Country<\/a>.\u00a0 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:<\/span><\/strong><\/p>\n

Admiralty<\/a> – aka maritime law; the law of the sea; the law of nations; commercial law; the law merchant.<\/em><\/span><\/span><\/strong><\/p>\n

Equity<\/a> –<\/span><\/span><\/strong><\/p>\n

Common Law<\/a> –\u00a0<\/span><\/span><\/strong><\/p>\n

\u00a0 \u00a0Excerpt from Erwin N. Griswold’s\u00a0Law and Lawyers in the United States; The Common Law Under Stress<\/em><\/a>\u00a0(1964):<\/strong><\/span><\/p>\n

\u00a0 \u00a0 \u00a0\u201cThe 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.\u00a0 This provision is\u00a0<\/span><\/span><\/strong>the Commerce Clause, Article i, section 8 of our Constitution, which provides that \u2018Congress shall have Power . . . to regulate Commerce<\/a> with foreign Nations and among the several States, and with the Indian Tribes.\u2019\u00a0 These are simple words, but they have had far-reaching effect.\u00a0 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.<\/span>\u201d<\/strong> [2]<\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

\n

[1<\/strong><\/span>]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/strong><\/p>\n

[2]:\u00a0Erwin N. Griswold’s\u00a0Law and Lawyers in the United States; The Common Law Under Stress<\/em><\/a>\u00a082 (1964)<\/strong><\/span><\/p>\n<\/div>\n

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