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26 J. S. Legal Hist. 277 (2018)
John Marshall, the Native American Cases, and the Idea of Constitutional Nationalism

handle is hein.journals/jslh26 and id is 278 raw text is: 

       John Marshall, the Native American Cases,
       and the Idea of Constitutional Nationalism

                          By Clyde Ray'

                          I. Introduction

     In May 2017, members of a coalition representing thousands of
Native Americans across North America gathered in Calgary, Alberta,
to sign a declaration reaffirming traditional values of tribal sovereignty
and treaty rights. At the heart of the document was an unyielding
rejection of the proposed Keystone-XL pipeline, a project that, when
completed, would transport crude oil from western Canada to the Gulf
Coast of Texas along a winding route that would fall near several Native
American reservations.1 For more than six years, Native American
activists and their environmentalist allies had protested against the
pipeline, the construction of which had been suspended during the
Obama administration due in part to environmental concerns. Yet as
one of his first acts in office, President Donald Trump signed an
executive order approving construction of the pipeline, reversing the
decision to block the project.2 Even so, the Native American leaders who
gathered in Calgary vowed to fight on. Long before a border ever
existed on a map, a fictitious line on a map, reflected Casey
Camp-Horinek, a councilwoman with the Ponca tribe in Oklahoma, we
were a united peoples in our approach to care of Mother Earth.'
     The pipeline controversy has exposed once again the fault lines
between   federal authority and  tribal sovereignty, a continuing
controversy over Native and non-Native land claims that dates from the
early days of the American republic. Beginning in the 1820s, the United
States Supreme Court began considering various claims of sovereignty

'Visiting Professor, La Salle University. University of North Carolina at Chapel
New York Press, forthcoming Summer 2019).

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