Is major crimes act a valid exercise of guardianship power

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Reference no: EM133665692

Assignment:

References

Major Crimes Act, 18 U.S.C. §1153 (1885)

U.S. v. Kagama (1886).

Washburn, K. (2006). American Indians, Crime, and the Law. Michigan Law Review, 104(4), 709-777.

Question:

Is the Major Crimes Act a valid exercise of the guardianship power, given the Kagama decision, which permits the United States to claim criminal jurisdiction over Native American individuals who commit enumerated major crimes in Indian Country as an exercise of its power as a "guardian" over the tribes and the conventional requirement that guardians act in their wards' best interests?

Reference no: EM133665692

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