2004: FPPC v. Santa Rosa Indian Community
"The flaw in my colleagues’ decision is that it elevates the
reserved powers of a state referred to (but not granted by) the
Tenth Amendment above the powers delegated to the federal
government by the Constitution. But the converse is true:
Where the federal government, including the Supreme Court,
exercises powers delegated to it by the Constitution, then the
state has no reserved sovereign power to act in a contrary
manner. For this reason, I cannot agree with my colleagues’
conclusion that “[t]he constitutional right of the State to sue
6 to preserve its republican form of government trumps the common
law doctrine of tribal immunity.”1 Consequently, I would affirm
the order granting the Tribe’s motion to quash."
c044555Santa Rosa v State of California.pdf — PDF document, 128 KB (131805 bytes)
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