Supreme Court Justice Clarence Thomas is not happy that the Supreme Court did not take up this case involving the sovereignty of a State and its land. By refusing to hear a case, Congress has been given the go-ahead to hand over 10,000 acres of State land to a Native American tribe. This was not what Justice Thomas thought was intended by the Indian Commerce Clause.
The effect of this ruling will be felt more and more as the Federal government takes over more and more of the powers that should have been reserved to the States. Justice Thomas has it right. Read this.
As Written By Ryan Lovelace for the Washington Examiner:
Supreme Court Justice Clarence Thomas criticized the justices’ decision on Monday not to take a case, saying they are “giving Congress the power to destroy the states’ territorial integrity.”
The high court on Monday rejected Upstate Citizens for Equality, Inc. v. U.S. involvingthe Indian Commerce Clause and whether the Constitution gives Congress the authority to infringe, reduce or diminish the territorial integrity of individual states without first getting the states’ consent.
Petitioners from upstate New York disputed the federal government’s 2008 decision to turn over 13,000 acres of land to the Oneida Nation of New York, descendants of an Iroquois nation. The 2nd Circuit Court of Appeals concluded that the Indian Commerce Clause gave the federal government the power to do so and the Supreme Court declined to review this decision.
Thomas criticized the federal appeals court’s decision as meaning, “Congress could reduce a State to near nonexistence by taking all land within its borders and declaring it sovereign Indian territory.”
“It is highly implausible that the Founders understood …….
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