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The Supreme Court now avoids naming the doctrine, as if that makes the problem go away.

Hester concludes that the labyrinth of “inherent and retained sovereignty under plenary power” obscures without resolving the fundamental and deepening issue: “Either Indians are or are not a part of the United States.”

The question is becoming increasingly difficult to answer.


Peter d’Errico, "'Political Principles and Indian Sovereignty': Lee Hester's Philosophical Critique of US Anti-Indian Law," Doctrine of Discovery Project (2 March 2024), https://doctrineofdiscovery.org/blog/Political-Principles-Indian-Sovereignty/.

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