Adam Walsh Act

Senate Indian Affairs Hearing on Adam Walsh

Matthew L.M. Fletcher

From Indianz:

The Senate Indian Affairs Committee is holding an oversight hearing this morning on tribal implementation of the Adam Walsh Act.

The hearing starts at 10am and will be broadcast at http://indian.senate.gov/public/webcast.ram The witness list follows

Panel 1
THE HONORABLE RON SUPPAH
Chairman, Confederated Tribes of the Warm Springs Reservation, OR

THE HONORABLE RONALD LOPEZ
Vice Chairman, Tohono O’odham Nation, Sells, AZ

THE HONORABLE ROBERT MOORE
Tribal Councilman, Rosebud Sioux Tribe, Mission, SD

MR. WILLIAM GREGORY
Tribal Prosecutor, Little Traverse Bay Bands of Odawa Indians, Harbor Springs, MI

MS. JACQUELINE JOHNSON
Executive Director, National Congress of American Indians, Washington, DC

Adam Walsh Act Declared Unconstitutional

Matthew L.M. Fletcher3 Comments

The district court for the Middle District of Florida dismissed an indictment under the Adam Walsh Act because Congress was unauthorized to enact the statute under the Interstate Commerce Clause. The case is United States v. Powers. Doubtful it would apply to Indian Country, but interesting nonetheless.

Update — Dec. 17, 2008 — This case, like one or two others, is likely an aberration. It is far more likely than not that the Adam Walsh Act is constitutional. For more information, see this website.

powers-motion-to-dismiss-indictment

us-response-to-powers-motion

us-v-powers-dct-opinion

Congressional Research Service Reports

Matthew L.M. Fletcher1 Comment

If anyone out there wants to find out what “secret” reports Members of Congress and their staffers read when confronted with an Indian law question, check out some of these CRS reports, now starting to appear online.

Indian Reserved Water Rights: An Overview (2005)

United States v. Lara (2003)

IGRA: Gaming on Newly Acquired Lands (2006)

Wagnon v. Prairie Band Potawatomi Nation (2005)

Cobell (2005)

Contract Support Costs: Cherokee Nation v. Leavitt (2005)

NAGPRA (2005)

Adam Walsh Act (2007)

Native Hawaiian Recognition (2005)

There are more reports at http://www.opencrs.com/