Upstate Citizens for Equality, Inc. v. United States
Petition for certiorari denied on November 27, 2017.
Issue
(1) Whether, in the exercise of its Article I powers, Congress can infringe, reduce or diminish the territorial integrity of a state without its prior consent; (2) whether Congress possesses plenary power over Indian affairs and, if so, whether the plenary power expands the Indian commerce clause to authorize the displacement of state rights to territorial integrity; (3) whether the land acquisition in this case via the mechanism of 25 U.S.C. § 465 (now 25 U.S.C. § 5108) represents a violation of the limits inherently expressed in the Indian commerce clause that limits Congress" power to "regulate" "commerce"; and (4) whether the 300,000-acre ancient Oneida Indian reservation in New York still exists.
Recommended Citation: Upstate Citizens for Equality, Inc. v. United States, SCOTUSblog, https://www.scotusblog.com/cases/upstate-citizens-equality-inc-v-united-states/