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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 Hill (Ph.D.). Author, JOHN MARSHALL'S CONSTITUTIONALISM (State Univ. New York Press, forthcoming Summer 2019).

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