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COMMANDEERING THE INDIAN CHILD WELFARE ACT: NATIVE AMERICAN RIGHTS EXCEPTION TO TENTH AMENDMENT CHALLENGES.

Authors :
Shaw, Jessie
Source :
Cardozo Law Review. Sep2021, Vol. 42 Issue 5, p2007-2036. 30p.
Publication Year :
2021

Abstract

The article focuses on Indian Child Welfare Act of 1978 (ICWA) was passed as a reparative response to the forced removal of Native American children nationwide from their families and placement into the adoption and foster care systems. It mentions Tenth Amendment's anti-commandeering doctrine protects states' rights by prohibiting the federal government from "commandeering" state officials. It also mentions exception for certain statutes passed under the Commerce Clause.

Details

Language :
English
ISSN :
02705192
Volume :
42
Issue :
5
Database :
Academic Search Index
Journal :
Cardozo Law Review
Publication Type :
Academic Journal
Accession number :
153196947