Lone Wolf V. Hitchcock

Lone Wolf V. Hitchcock PDF Author: Blue Clark
Publisher: U of Nebraska Press
ISBN: 9780803264014
Category : History
Languages : en
Pages : 216

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Book Description
Landmark court cases in the history of formal U.S. relations with Indian tribes are Corn Tassel, Standing Bear, Crow Dog, and Lone Wolf. Each exemplifies a problem or a process as the United States defined and codified its politics toward Indians. The importance of the Lone Wolf case of 1903 resides in its enunciation of the "plenary power" doctrine?that the United States could unilaterally act in violation of its own treaties and that Congress could dispose of land recognized by treaty as belonging to individual tribes. In 1892 the Kiowas and related Comanche and Plains Apache groups were pressured into agreeing to divide their land into allotments under the terms of the Dawes Act of 1887. Lone Wolf, a Kiowa band leader, sued to halt the land division, citing the treaties signed with the United States immediately after the Civil War. In 1902 the case reached the Supreme Court, which found that Congress could overturn the treaties through the doctrine of plenary power. As he recounts the Lone Wolf case, Clark reaches beyond the legal decision to describe the Kiowa tribe itself and its struggles to cope with Euro-American pressure on its society, attitudes, culture, economic system, and land base. The story of the case therefore also becomes the history of the tribe in the late nineteenth century. The Lone Wolf case also necessarily becomes a study of the Dawes Allotment Act of 1887 in operation; under the terms of the Dawes Act and successor legislation, almost two-thirds of Indian lands passed out of their hands within a generation. Understanding how this happened in the case of the Kiowa permits a nuanced view of the well-intentioned but ultimately disastrous allotment effort.

Lone Wolf V. Hitchcock

Lone Wolf V. Hitchcock PDF Author: Blue Clark
Publisher: U of Nebraska Press
ISBN: 9780803264014
Category : History
Languages : en
Pages : 216

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Book Description
Landmark court cases in the history of formal U.S. relations with Indian tribes are Corn Tassel, Standing Bear, Crow Dog, and Lone Wolf. Each exemplifies a problem or a process as the United States defined and codified its politics toward Indians. The importance of the Lone Wolf case of 1903 resides in its enunciation of the "plenary power" doctrine?that the United States could unilaterally act in violation of its own treaties and that Congress could dispose of land recognized by treaty as belonging to individual tribes. In 1892 the Kiowas and related Comanche and Plains Apache groups were pressured into agreeing to divide their land into allotments under the terms of the Dawes Act of 1887. Lone Wolf, a Kiowa band leader, sued to halt the land division, citing the treaties signed with the United States immediately after the Civil War. In 1902 the case reached the Supreme Court, which found that Congress could overturn the treaties through the doctrine of plenary power. As he recounts the Lone Wolf case, Clark reaches beyond the legal decision to describe the Kiowa tribe itself and its struggles to cope with Euro-American pressure on its society, attitudes, culture, economic system, and land base. The story of the case therefore also becomes the history of the tribe in the late nineteenth century. The Lone Wolf case also necessarily becomes a study of the Dawes Allotment Act of 1887 in operation; under the terms of the Dawes Act and successor legislation, almost two-thirds of Indian lands passed out of their hands within a generation. Understanding how this happened in the case of the Kiowa permits a nuanced view of the well-intentioned but ultimately disastrous allotment effort.

In the Courts of the Conqueror

In the Courts of the Conqueror PDF Author: Walter R. Echo-Hawk
Publisher:
ISBN: 9781555913847
Category : Indians of North America
Languages : en
Pages : 0

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Book Description
A vital contribution not only to Native American history, but also to American history.

American Indian Law

American Indian Law PDF Author: Robert N. Clinton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1466

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Book Description


Defend the Sacred

Defend the Sacred PDF Author: Michael D. McNally
Publisher: Princeton University Press
ISBN: 0691190909
Category : History
Languages : en
Pages : 400

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Book Description
"In 2016, thousands of people travelled to North Dakota to camp out near the Standing Rock Sioux Reservation to protest the construction of an oil pipeline that is projected to cross underneath the Missouri River a half mile upstream from the Reservation. The Standing Rock Sioux consider the pipeline a threat to the region's clean water and to the Sioux's sacred sites (such as its ancient burial grounds). The encamped protests garnered front-page headlines and international attention, and the resolve of the protesters was made clear in a red banner that flew above the camp: "Defend the Sacred". What does it mean when Native communities and their allies make such claims? What is the history of such claim-making, and why has this rhetorical and legal strategy - based on appeals to religious freedom - failed to gain much traction in American courts? As Michael McNally recounts in this book, Native Americans have repeatedly been inspired to assert claims to sacred places, practices, objects, knowledge, and ancestral remains by appealing to the discourse of religious freedom. But such claims based on alleged violations of the First Amendment "free exercise of religion" clause of the US Constitution have met with little success in US courts, largely because Native American communal traditions have been difficult to capture by the modern Western category of "religion." In light of this poor track record Native communities have gone beyond religious freedom-based legal strategies in articulating their sacred claims: in (e.g.) the technocratic language of "cultural resource" under American environmental and historic preservation law; in terms of the limited sovereignty accorded to Native tribes under federal Indian law; and (increasingly) in the political language of "indigenous rights" according to international human rights law (especially in light of the 2007 U.N. Declaration of the Rights of Indigenous Peoples). And yet the language of religious freedom, which resonates powerfully in the US, continues to be deployed, propelling some remarkably useful legislative and administrative accommodations such as the 1990 Native American Graves Protection and Reparation Act. As McNally's book shows, native communities draw on the continued rhetorical power of religious freedom language to attain legislative and regulatory victories beyond the First Amendment"--

Indian Tribes of Oklahoma

Indian Tribes of Oklahoma PDF Author: Blue Clark
Publisher: University of Oklahoma Press
ISBN: 0806167629
Category : Social Science
Languages : en
Pages : 460

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Book Description
Oklahoma is home to nearly forty American Indian tribes and includes the largest Native population of any state. As a result, many Americans think of the state as “Indian Country.” In 2009, Blue Clark, an enrolled member of the Muscogee (Creek) Nation, produced an invaluable reference for information on the state’s Native peoples. Now, building on the success of the first edition, this revised guide offers an up-to-date survey of the diverse nations that make up Oklahoma’s Indian Country. Since publication of the first edition more than a decade ago, much has changed across Indian Country—and more is known about its history and culture. Drawing from both scholarly literature and Native oral sources, Clark incorporates the most recent archaeological and anthropological research to provide insights into each individual tribe dating back to prehistoric times. Today, the thirty-nine federally recognized tribes of Oklahoma continue to make advances in the areas of tribal governance, commerce, and all forms of arts and literature. This new edition encompasses the expansive range of tribal actions and interests in the state, including the rise of Native nation casino operations and nongaming industries, and the establishment of new museums and cultural attractions. In keeping with the user-friendly format of the original edition, this book provides readers with the unique story of each tribe, presented in alphabetical order, from the Alabama-Quassartes to the Yuchis. Each entry contains a complete statistical and narrative summary of the tribe, covering everything from origin tales to contemporary ceremonies and tribal businesses. The entries also include tribal websites, suggested readings, and photographs depicting visitor sites, events, and prominent tribal personages.

The Names

The Names PDF Author: N. Scott Momaday
Publisher: University of Arizona Press
ISBN: 9780816510467
Category : Biography & Autobiography
Languages : en
Pages : 188

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Book Description
The Pulitzer Prize-winning novelist recalls the significant events and ventures of his own life, his own land, and his own people, recreating his experiences as an American Indian and those of his relatives

Black Hills White Justice

Black Hills White Justice PDF Author: Edward Lazarus
Publisher: U of Nebraska Press
ISBN: 9780803279872
Category : History
Languages : en
Pages : 532

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Book Description
Black Hills/White Justice tells of the longest active legal battle in United States history: the century-long effort by the Sioux nations to receive compensation for the seizure of the Black Hills. Edward Lazarus, son of one of the lawyers involved in the case, traces the tangled web of laws, wars, and treaties that led to the wresting of the Black Hills from the Sioux and their subsequent efforts to receive compensation for the loss. His account covers the Sioux nations? success in winning the largest financial award ever offered to an Indian tribe and their decision to turn it down and demand nothing less than the return of the land.

Native American Sovereignty on Trial

Native American Sovereignty on Trial PDF Author: Bryan H. Wildenthal
Publisher: Bloomsbury Publishing USA
ISBN: 1576076253
Category : Social Science
Languages : en
Pages : 376

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Book Description
A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s, to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in depth review of essential legal issues makes even the most difficult and complex judicial doctrines easy to understand by students and nonlawyers. This concise volume tracing the evolution of Native American sovereignty will supplement coursework in law, political science, U.S. history, and American Indian studies.

Justice Deferred

Justice Deferred PDF Author: Orville Vernon Burton
Publisher: Harvard University Press
ISBN: 0674975642
Category : Law
Languages : en
Pages : 465

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Book Description
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.

Say We Are Nations

Say We Are Nations PDF Author: Daniel M. Cobb
Publisher: UNC Press Books
ISBN: 1469624818
Category : History
Languages : en
Pages : 317

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Book Description
In this wide-ranging and carefully curated anthology, Daniel M. Cobb presents the words of Indigenous people who have shaped Native American rights movements from the late nineteenth century through the present day. Presenting essays, letters, interviews, speeches, government documents, and other testimony, Cobb shows how tribal leaders, intellectuals, and activists deployed a variety of protest methods over more than a century to demand Indigenous sovereignty. As these documents show, Native peoples have adopted a wide range of strategies in this struggle, invoking "American" and global democratic ideas about citizenship, freedom, justice, consent of the governed, representation, and personal and civil liberties while investing them with indigenized meanings. The more than fifty documents gathered here are organized chronologically and thematically for ease in classroom and research use. They address the aspirations of Indigenous nations and individuals within Canada, Hawaii, and Alaska as well as the continental United States, placing their activism in both national and international contexts. The collection's topical breadth, analytical framework, and emphasis on unpublished materials offer students and scholars new sources with which to engage and explore American Indian thought and political action.