Georgetown Center for the Constitution

Arguing that “the history of the Indian Commerce Clause’s drafting, ratification, and early interpretation does not support either ‘exclusive’ or ‘plenary’ federal power over Indians.”

Arguing that the original meaning and the original understanding of the Indian Commerce Clause are the same and that the clause “was adopted to grant Congress power to regulate Indian trade between people under state or federal jurisdiction and the tribes, whether or not under state or federal jurisdiction.”