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American Indian Culture and Research Journal

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Limits of Legal Action: The Cherokee Cases

Creative Commons 'BY-NC' version 4.0 license
Abstract

Democratic theory of popular sovereignty as reflected in the U.S. Constitution and the structure of the political process assumes that major decisions regarding the allocation of resources will be determined-and determined for the best - by the popular, that is, the elective branches of government. The debates surrounding the framing and adoption of the Constitution clearly express the principle that the legislative branch must have primary responsibility for making the nation's rules. Reliance on the legislature was justified by the proposition that it would fully represent all different interests-those of minorities as well as majorities.