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Indian Child Welfare Act: Another Case of Congress’s Overreach Goes to Supreme Court

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Indian Child Welfare Act: Another Case of Congress’s Overreach Goes to Supreme Court
A copy of the U.S. Constitution is seen in Washington on Dec. 17, 2019. Andrew Harnik/Pool/Getty Images
Rob Natelson
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Commentary

The federal Indian Child Welfare Act (ICWA) is a classic instance of congressional overreach: It imposes sweeping child adoption rules on the states and has caused extreme hardship for Native American children and the non-Native families who have opened their hearts and homes to those children.

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Rob Natelson
Rob Natelson
Author
Robert G. Natelson, a former constitutional law professor, is Senior Fellow in Constitutional Jurisprudence at the Mountain States Policy Center and the Independence Institute. He authored “The Original Constitution” (4th ed., 2025) and is a contributor to the Heritage Foundation’s “Heritage Guide to the Constitution.”
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