Equal protection and the special relationship: the case of native Hawaiians.

From: The Yale Law Journal | Date: December 1, 1996| Author: | Copyright information

The Supreme Court has ruled both that government programs treating racial groups specially are subject to strict scrutiny and that programs singling out members of Indian tribes are subject to rational basis review. In the latter set of cases, the Court has articulated and relied on a "special relationship" between the federal government and Indian tribes, invoking Congress's constitutionally enumerated power to regulate commerce with "the Indian tribes." Mr. Benjamin examines the application of these two lines of cases to programs for Native Americans that are not based on tribal membership. ...

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