than the argument of the oil companies that the section dealing with interstate commerce applied. First, Marshall noted that the case history of the Indian Commerce Clause was to protect the tribes from state infringement, not to approve of Indian trade without constitutional restraint. He saw of no reason to begin now, especially since he did not find that the tribe's severance tax did not have negative implications on interstate commerce. In a 6–3 decision, Marshall found that the tribe had the right to impose such a tax on non-Indians. Dissent Justice John Paul Stevens, joined by Chief Justice Burger and Justice Rehnquist, dissented from the majority opinion. Stevens noted that over its own members, a tribe has virtually unlimited sovereignty. Over non-Indians, a tribe had no power, but many tribes were granted the authority to exclude non-Indians from their reservations. Stevens also noted that the various statutes that were passed in regards to mineral rights and leases were silent as to the authority of a tribe to impose taxes. Therefore, authority must come from one of three sources, federal statutes, treaties, and inherent tribal sovereignty. He noted that in matters involving their own members, the tribe could act in manners that the federal government could not, such as discriminating against females in citizenship cases (citing Santa Clara Pueblo v. Martinez, ). Tribal authority over non-members was always severely limited, in both a civil and criminal context, and he viewed both Oliphant and Montana as controlling in this area also. He viewed the authority to tax as merely an adjunct to the tribe's right to exclude individuals from the reservation. Since the leases were entered into by the tribe voluntarily, the tribe cannot enact later taxes without the consent of the oil companies. Stevens would have reversed the Circuit Court. Subsequent developments Almost immediately after the decision, the BIA, on directions from Assistant Secretary of the Interior Kenneth Smith, proposed federal regulations that would have severely limited the ability of the tribes to impose severance taxes. Following numerous complaints from the tribes, the BIA abandoned that plan. The Jicarilla tribe has also purchased the Palmer Oil Company, becoming the first Indian tribe to have 100% ownership of an oil production firm. The case is a landmark case in Native American case law, having been cited in approximately 400 law review articles as of July 2010. Almost all tribes that have