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Intrusion Upon Association

By Jay Taber

In his book American Constitutional Law, Professor Laurence Henry Tribe of Harvard Law School argues that, “virtually every invasion of private personhood is also an interference with the way in which one associates with society; concomitantly, virtually every intrusion upon association works a displacement of fundamental human personality. Surely,” he notes, “this concept of personhood rights would encompass the unique relationship of personal Indian selfhood and tribalism.  Consequently,” Tribe says, “government actions undermining tribalism should be regarded as examples of the government dictating the kinds of lives people may lead.”