Martha A. Field, The Seminole Case, Federalism, and the Indian Commerce Clause, 29 Ariz. St. L.J. 3 (1997).
Abstract: My aim is to convey the import of the Seminole decision from the point of view of a lawyer and scholar of federalism. This means that the things I know the most about-specifically, the Tenth and Eleventh Amendments to the U.S. Constitution-are probably the subjects about which my audience has the least interest, and quite properly perhaps. That is, these Amendments, in and of themselves, have nothing especially to do with Native Americans, or at least have not until very recently. At the end of my discussion, I venture some comments on Seminole's potential impact on Native Americans and their interests. Just to relieve the suspense, however, I will disclose my tentative conclusion: that there is not much impact at all. Seminole is probably not of major significance in regard to federal Indian-state relations. It is designed to be, and is, a major decision about the meaning of the Eleventh Amendment and about federal-state relations, judicial and congressional. The decision does, obviously, affect the IGRA. But the scheme that replaces the one held unconstitutional in Seminole could prove more advantageous to Native Americans rather than less.