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Originally Posted by 2257 Q
As baddog wisely posted in an earlier reply, let me preface this by saying that I'm not a lawyer, and this certainly doesn't represent legal advice.
That said, I believe the answer to this question is relatively simple, and lies in something called the "The Congressional Plenary Power Doctrine", which limits the extent of American Indian tribal sovereignty.
In a nutshell, the Doctrine states that Congress has plenary power (plenary essentially means "unlimited") over sovereign nations that exist within the borders of the United States.
In other words, should Congress decide that they want to the various US tribes to be required to follow a given law or set of regulations, they can force compliance upon the tribes under the terms of the Doctrine.
Now, it's not *quite* as cut and dry as that, because there are areas of overlap with the Indian Civil Rights Act, and the Indian Reorganization Act. As a practical matter, however, the tribes essentially get as much sovereignty as the US Congress allows them to have. It's a very curious application of the term "sovereignty", indeed.
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Exactly! The whole point would be to make it harder for the gov to prosecute. If it wanted to, the gov can go after alot of us. I'm not just talking about 2257, but have we forgot about obsenity laws? The whole community standard is a silver bullet for the gov. Look at adult stores and strip clubs in certain areas. Its only a matter of time before the internet is regulated as brick and mortar, or localization. It already started in ecommerce. How long has mail order laws been in place? a long time. And isn't ecommerce mail order? yes, you just order online instead of mailing or calling in your order and you get your order the same way since the early years of Sears. But what is happening, where ever people buy from you, you may be in business in that area. It has happened to porn distributors and some bigger ecommerce porn sellers. You can't ship to certain areas.
So the whole point is to make it harder to get to you becasue they are trying, we can all agree on that right? And the whole addition of doctrines, acts, and Indian sovereinty can tie anything up in court for years. Enough time for an administration change.
The best thing is to try to stay a step ahead.