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Author: M. T. Henderson
Publisher: Edward Elgar Publishing
ISBN: 1803925167
Category : Law
Languages : en
Pages : 207
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Book Description
Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.
Author: M. T. Henderson
Publisher: Edward Elgar Publishing
ISBN: 1803925167
Category : Law
Languages : en
Pages : 207
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Book Description
Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.
Author: David E. Wilkins
Publisher: University of Texas Press
ISBN: 0292774001
Category : Social Science
Languages : en
Pages : 426
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Book Description
"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
Author: Victoria Sherrow
Publisher:
ISBN:
Category : Juvenile Nonfiction
Languages : en
Pages : 136
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Book Description
Victoria Sherrow examines a series of cases in the 1830s, including Cherokee Nation v. Georgia and Worcester v. Georgia, all dealing with the legal rights of the Cherokee people to govern themselves as an independent and sovereign nation and to own their own land. The Cherokee people were consistently denied any legal rights.
Author: Robert A. Williams
Publisher: U of Minnesota Press
ISBN: 1452907560
Category : Law
Languages : en
Pages : 309
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Book Description
Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.
Author: Walter Echo-Hawk
Publisher: Fulcrum Publishing
ISBN: 1555917887
Category : Law
Languages : en
Pages : 363
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Book Description
Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
Author: Robert Dittmer
Publisher:
ISBN: 9781091193550
Category : Law
Languages : en
Pages : 828
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Book Description
This is a collection of early supreme court decisions on Native Americans and Tribal Sovereignty. This entire book is included in my book, "100 Native American Tribal Sovereignty Supreme Court Decisions." Supreme Court decisions are in the public domain and are freely available at such websites as supreme.justia.com and law.cornell.edu
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.
Author: Joe Starita
Publisher: Macmillan + ORM
ISBN: 1429953306
Category : History
Languages : en
Pages : 276
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Book Description
In 1877, Chief Standing Bear's Ponca Indian tribe was forcibly removed from their Nebraska homeland and marched to what was then known as Indian Territory (now Oklahoma), in what became the tribe's own Trail of Tears. "I Am a Man" chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his only son to their traditional burial ground. Along the way, it examines the complex relationship between the United States government and the small, peaceful tribe and the legal consequences of land swaps and broken treaties, while never losing sight of the heartbreaking journey the Ponca endured. It is a story of survival---of a people left for dead who arose from the ashes of injustice, disease, neglect, starvation, humiliation, and termination. On another level, it is a story of life and death, despair and fortitude, freedom and patriotism. A story of Christian kindness and bureaucratic evil. And it is a story of hope---of a people still among us today, painstakingly preserving a cultural identity that had sustained them for centuries before their encounter with Lewis and Clark in the fall of 1804. Before it ends, Standing Bear's long journey home also explores fundamental issues of citizenship, constitutional protection, cultural identity, and the nature of democracy---issues that continue to resonate loudly in twenty-first-century America. It is a story that questions whether native sovereignty, tribal-based societies, and cultural survival are compatible with American democracy. Standing Bear successfully used habeas corpus, the only liberty included in the original text of the Constitution, to gain access to a federal court and ultimately his freedom. This account aptly illuminates how the nation's delicate system of checks and balances worked almost exactly as the Founding Fathers envisioned, a system arguably out of whack and under siege today. Joe Starita's well-researched and insightful account reads like historical fiction as his careful characterizations and vivid descriptions bring this piece of American history brilliantly to life.
Author: Tim Alan Garrison
Publisher: University of Georgia Press
ISBN: 0820334170
Category : Law
Languages : en
Pages : 350
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Book Description
This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.
Author: Carolyn Nestor Long
Publisher: Landmark Law Cases and American Society
ISBN:
Category : Law
Languages : en
Pages : 344
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Book Description
"The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.
