Case: 3:25-cv-00698 Document #: 1 Filed: 08/20/25 Page 7 of 47
17. The Supreme Court does not treat the Indian Commerce Clause as interchangeable with the Interstate Commerce Clause. Id. Unlike the Interstate Commerce Clause, where States retain “some authority” over trade, the Supreme Court has ruled that “virtually all authority over Indian commerce and Indian tribes” lies with the Federal Government. Seminole Tribe of Fla. , 517 U. S. at 62. 18. From this exclusive authority the Supreme Court has held that there arises and exists a trust relationship between the United States and the Indian tribes that informs and restrains the Congressional exercise of legislative power. United States v. Mitchell , 463 U. S. 206, 225-226 (1983). Pursuant to this trust relationship, the Federal Government has “‘charged itself with moral obligations of the highest responsibility and trust’” toward Indian tribes. United States v. Jicarilla Apache Nation , 564 U.S. 162, 176 (2011), quoting Seminole Nation v. United States , 316 U.S. 286, 296-297 (1942). 19. Based upon the trust responsibility owed to tribes by the United States, courts presume that when Congress legislates on Indian affairs, its intent towards the tribes is benevolent and federal statutes that arguably would abrogate or abridge tribal rights to self-government are narrowly construed in favor of the tribes retaining them. Montana v. Blackfeet Tribe , 471 U.S. 759, 766 (1985). 20. For this reason, the Supreme Court has adhered to “the general rules that statutes passed for the benefit of the dependent Indian tribes . . . are to be liberally construed, doubtful expressions being resolved in favor of the Indians.” Id . 21. Applying these canons of statutory construction, the Supreme Court in California v. Cabazon Band of Indians , 480 U.S. 202 (1987) (“ Cabazon ”), held that California had no authority to enforce its gambling laws against Indian tribes on their Indian lands. Id. , 480 U.S. at 221-222. 22. In response to the Cabazon decision, Congress enacted the Indian
7
QB\168080.00083\98102991.1
Made with FlippingBook - Online catalogs