Tribal Jurisdiction, VAWA
Yesterday the House gave up any effort to pass its own version of the Violence Against Women Act (VAWA) and accepted the Senate bill, which now goes to the President for his signature. In so doing the House decided not to revise the Senate provision expanding Indian tribal court jurisdiction over non-Indians charged with certain domestic violence crimes.
Various commentators have criticized that aspect of the bill. Heritage published two blog posts (here and here) noting that this expansion violated Articles II and III of the Constitution and one arguing that the bill was unwise as a matter of policy. A recently published Brigham Young University law review article made the same point.