RC 99 Passage 42

This topic has expert replies
Junior | Next Rank: 30 Posts
Posts: 11
Joined: Tue Nov 24, 2009 4:48 am

RC 99 Passage 42

by pkonduri » Thu Jun 23, 2011 1:19 pm
Tribal immunity is the doctrine of sovereign immunity applied on behalf of
Native American tribes. Under the Indian Commerce Clause, Congress
has "•plenary"– authority over the tribes. Courts have held that these tribes
cannot be sued without the consent of Congress. The doctrine of tribal
immunity, however, is a judicially created doctrine that the federal courts
have independently fashioned.
At least one Supreme Court Justice has noted the necessity of a more
principled analysis of the doctrine of tribal immunity, expressing "•doubts
about the continuing vitality in this day of the doctrine of tribal immunity
as it was enunciated in the case of the United States v. United States
Fidelity and Guaranty Co."– and "•the view that that doctrine may well
merit re-examination in an appropriate case."–
The doctrine first emerged in the case of the United States v. United
States Fidelity and Guaranty Co., where the Supreme Court held "•Indian
nations exempt from suit without congressional authorization."– The
Supreme Court suggested two grounds for the doctrine. First, Native
American tribes enjoy immunity as a result of being recognized as
sovereigns.
Within the last decade, the court has reaffirmed this position, holding
that these tribes retain all sovereign powers except those "•expressly
terminated by Congress"– and "•inconsistent with their status."– These
powers "•are not, in general, delegated powers granted by express acts of
Congress"–, but rather "•inherent powers of a limited sovereignty which has
never been extinguished."–
A second basis for tribal immunity stems from the desire to protect
tribal resources. While the Supreme Court did not explicitly pronounce
the protection of tribal resources as a ground for its decision, it cited
cases in support of its ruling that were primarily concerned with such
protection. Unlike the immunities enjoyed by states, the federal
government and foreign countries, no limitations have been placed on the
scope of tribal immunity.
For instance, courts consistently hold that a Native American tribe's
immunity can be waived only by its express consent or the consent of
Congress. In contrast to other governments, implied waivers are
generally not recognized even in cases where commercial activity by a
tribe on or off its reservation has taken place. Similarly, the purchase of
insurance by a tribe does not serve to waive immunity. Tribal immunity
is, therefore, broader in this respect than is the immunity possessed by
states, the federal government, and foreign countries.
The proprietary acts of Native American tribes have not been
distinguished from the governmental functions of tribes, although this
distinction has been made in cases concerning other sovereigns. In fact,
some courts have specifically upheld that "•the fact that a tribe was
engaged in an enterprise private or commercial in character, rather than
governmental, is not material."– Thus courts continue to find a broader
immunity for Native American tribes than is still recognized for any other
sovereign

Which of the following legal decisions would most weaken the author's claim
about the immunity granted to Native American tribes?
A. A decision to permit a Native American tribe to sue a foreign
corporation
B. A decision to prevent a Native American tribe from suing the federal
government
C. A decision to permit a business corporation to sue a Native American
tribe
D. A decision to prevent the federal government from suing a Native
American tribe
E. A decision to permit a Native American tribe to sue another Native
American tribe
2. Based on information in the passage, which of the following statements is
NOT true?
A. It is more difficult to sue a Native American tribe than a business
corporation.
B. It is more difficult to sue the federal government than a Native
American tribe.
C. It is less difficult to sue a foreign government than a Native American
tribe.
D. It is less difficult to sue a state government than a Native American
tribe
E. Tribal immunity has virtually no limits
3. Based on information in the passage, each of the following statements is a
plausible explanation of why the judicial system has not changed the rules
governing tribal immunity EXCEPT:
A. Native American tribes are sovereign entities that cannot be sued
without their consent.
B. the resources possessed by Native American tribes should remain
under tribal control.
C. Native American tribes have generally been unable to purchase
insurance.
D. the sovereign powers of Native American tribes differ from those of
other governments.
E. it is essential to protect the tribes' natural resources

Guys try this in TIMED mode and let me know your comments
how would you categorize this passage: 650+,700+ or more than that?

[spoiler] OA:C,B,C [/spoiler]

User avatar
Legendary Member
Posts: 1325
Joined: Sun Nov 01, 2009 6:24 am
Thanked: 105 times
Followed by:14 members

by vikram4689 » Sat Jun 25, 2011 5:50 pm
Well the passage was a bit detailed but answers were fine.

Took 8:36, CBA
solved the first 2 in6:26 sec but for third i was confused b/w A & C and took 2 minutes more. Actually i missed the data stated "express consent" and was inclined to option A because i thought option is wrong. Instead of their consent it should be Congress's consent but later i realized that express consent is also mentioned.

Can you post some more RC's from RC99.
Premise: If you like my post
Conclusion : Press the Thanks Button ;)

Junior | Next Rank: 30 Posts
Posts: 11
Joined: Tue Nov 24, 2009 4:48 am

by pkonduri » Mon Jun 27, 2011 6:54 am
sure, i will if i come across an interesting RC from RC 99. BTW how do rate the above RC?