Page:Haaland v. Brackeen.pdf/64

22 was praised by many and criticized by some. Federalists (such as James Madison) applauded the fact that the new federal government would be “unfettered” by the Articles’ constraints. The Federalist No. 42, p. 268 (C. Rossiter ed. 1961). Certain Anti-Federalists (including Abraham Yates Jr.) disfavored the “tota[l] surrender into the hands of Congress [of] the management and regulation of the Indian affairs.” Letter to Citizens of New York (June 13–14, 1788), in 20 Documentary History of the Ratification of the Constitution 1153, 1158 (J. Kaminski et al. eds. 2004) (emphasis added). At bottom, however, no one questioned that the Constitution took a view about where the power to manage Indian affairs would reside in the future. And no one doubted that it selected the federal government, not the States.

Early practice confirmed this understanding. “The Washington Administration insisted that the federal government enjoyed exclusive constitutional authority” over managing relationships with the Indian Tribes. Ablavsky 2015, at 1019. As President Washington put it, the federal government “possess[ed] the only authority of regulating an intercourse with [the Tribes], and redressing their grievances.” Letter to T. Mifflin (Sept. 4, 1790), in 6 The Papers of George Washington: Presidential Series 396 (D. Twohig ed. 1996) (emphasis added). Even “many state officials agreed” with President Washington’s assessment. Ablavsky 2015, at 1019. South Carolina Governor Charles Pinckney acknowledged that “the sole management of India[n] affairs” is “committed” to “the general Government.” Letter to G. Washington (Dec. 14, 1789), in 4 Papers of George Washington: Presidential Series 404 (D. Twohig ed. 1996). Other leading proponents of States’ rights reluctantly drew the same conclusion. “[U]nder the present Constitution,” Thomas Jefferson lamented, States lack any “right to Treat with the Indians without the consent of the General Government.” Letter to H. Knox (Aug. 10, 1791), in 22 Papers