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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: Tim Alan Garrison
Publisher: University of Georgia Press
ISBN: 0820334170
Category : Law
Languages : en
Pages : 350
Get Book Here
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: Alisse PORTNOY
Publisher: Harvard University Press
ISBN: 0674042220
Category : History
Languages : en
Pages : 307
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Book Description
In this groundbreaking study, Portnoy links antebellum Indian removal debates with crucial, simultaneous debates about African Americans--abolition of slavery and African colonization--revealing ways European American women negotiated prohibitions to make their voices heard. Situating the debates within contemporary, competing ideas about race, religion, and nation, Portnoy examines the means by which women argued for a "right to speak" on national policy.
Author: Michael Tigar
Publisher: NYU Press
ISBN: 1583670300
Category : Law
Languages : en
Pages : 351
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Book Description
Tigar (Washington College of Law, American U.) has written a new introduction and extended afterword that update this Marxist analysis of law and jurisprudence, originally published in 1977. The study traces the role of law and lawyers in the rise of the European bourgeoisie. The new material discusses human rights issues and social movements over the past two decades, including political prisoners and the death penalty. c. Book News Inc.
Author: Steve Inskeep
Publisher: Penguin
ISBN: 014310831X
Category : History
Languages : en
Pages : 450
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Book Description
“The story of the Cherokee removal has been told many times, but never before has a single book given us such a sense of how it happened and what it meant, not only for Indians, but also for the future and soul of America.” —The Washington Post Five decades after the Revolutionary War, the United States approached a constitutional crisis. At its center stood two former military comrades locked in a struggle that tested the boundaries of our fledgling democracy. One man we recognize: Andrew Jackson—war hero, populist, and exemplar of the expanding South—whose first major initiative as president instigated the massive expulsion of Native Americans known as the Trail of Tears. The other is a half-forgotten figure: John Ross—a mixed-race Cherokee politician and diplomat—who used the United States’ own legal system and democratic ideals to oppose Jackson. Representing one of the Five Civilized Tribes who had adopted the ways of white settlers, Ross championed the tribes’ cause all the way to the Supreme Court, gaining allies like Senator Henry Clay, Chief Justice John Marshall, and even Davy Crockett. Ross and his allies made their case in the media, committed civil disobedience, and benefited from the first mass political action by American women. Their struggle contained ominous overtures of later events like the Civil War and defined the political culture for much that followed. Jacksonland is the work of renowned journalist Steve Inskeep, cohost of NPR’s Morning Edition, who offers a heart-stopping narrative masterpiece, a tragedy of American history that feels ripped from the headlines in its immediacy, drama, and relevance to our lives. Jacksonland is the story of America at a moment of transition, when the fate of states and nations was decided by the actions of two heroic yet tragically opposed men.
Author: Theda Perdue
Publisher: Bedford/st Martins
ISBN: 9780312086589
Category : Cherokee Indians
Languages : en
Pages : 185
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Book Description
The Cherokee Removal of 1838-1839 unfolded against a complex backdrop of competing ideologies, self-interest, party politics, altruism, and ambition. Using documents that convey Cherokee voices, government policy, and white citizens' views, Theda Perdue and Michael D. Green present a multifaceted account of this complicated moment in American history. The second edition of this successful, class-tested volume contains four new sources, including the Cherokee Constitution of 1827 and a modern Cherokee's perspective on the removal. The introduction provides students with succinct historical background. Document headnotes contextualize the selections and draw attention to historical methodology. To aid students' investigation of this compelling topic, suggestions for further reading, photographs, and a chronology of the Cherokee removal are also included.
Author: Dan Kanstroom
Publisher: Harvard University Press
ISBN: 0674046226
Category : Law
Languages : en
Pages : 353
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Book Description
"The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees. We are a nation of immigrants--but which ones do we want, and what do we do with those that we don't? These questions have troubled American law and politics since colonial times. Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and Sedition Laws, the Fugitive Slave laws, the Indian ""removals,"" the Chinese Exclusion Act, the Palmer Raids, the internment of the Japanese Americans--all sought to remove those whose origins suggested they could never become ""true"" Americans. And for more than a century, millions of Mexicans have conveniently served as cheap labor, crossing a border that was not official until the early twentieth century and being sent back across it when they became a burden. By illuminating the shadowy corners of American history, Daniel Kanstroom shows that deportation has long been a legal tool to control immigrants' lives and is used with increasing crudeness in a globalized but xenophobic world."
Author: Robert J. Miller
Publisher: Bloomsbury Publishing USA
ISBN: 0313071845
Category : Social Science
Languages : en
Pages : 241
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Book Description
Manifest Destiny, as a term for westward expansion, was not used until the 1840s. Its predecessor was the Doctrine of Discovery, a legal tradition by which Europeans and Americans laid legal claim to the land of the indigenous people that they discovered. In the United States, the British colonists who had recently become Americans were competing with the English, French, and Spanish for control of lands west of the Mississippi. Who would be the discoverers of the Indians and their lands, the United States or the European countries? We know the answer, of course, but in this book, Miller explains for the first time exactly how the United States achieved victory, not only on the ground, but also in the developing legal thought of the day. The American effort began with Thomas Jefferson's authorization of the Lewis & Clark Expedition, which set out in 1803 to lay claim to the West. Lewis and Clark had several charges, among them the discovery of a Northwest Passage—a land route across the continent—in order to establish an American fur trade with China. In addition, the Corps of Northwestern Discovery, as the expedition was called, cataloged new plant and animal life, and performed detailed ethnographic research on the Indians they encountered. This fascinating book lays out how that ethnographic research became the legal basis for Indian removal practices implemented decades later, explaining how the Doctrine of Discovery became part of American law, as it still is today.
Author: Adam B. Cox
Publisher: Oxford University Press
ISBN: 0190694386
Category : Law
Languages : en
Pages : 361
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Book Description
Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.
Author: Tom Ginsburg
Publisher: Edward Elgar Publishing
ISBN: 0857931210
Category : Law
Languages : en
Pages : 681
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Book Description
This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.
Author: Roxanne Dunbar-Ortiz
Publisher: Beacon Press
ISBN: 0807049409
Category : Young Adult Nonfiction
Languages : en
Pages : 311
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Book Description
2020 American Indian Youth Literature Young Adult Honor Book 2020 Notable Social Studies Trade Books for Young People,selected by National Council for the Social Studies (NCSS) and the Children’s Book Council 2019 Best-Of Lists: Best YA Nonfiction of 2019 (Kirkus Reviews) · Best Nonfiction of 2019 (School Library Journal) · Best Books for Teens (New York Public Library) · Best Informational Books for Older Readers (Chicago Public Library) Spanning more than 400 years, this classic bottom-up history examines the legacy of Indigenous peoples’ resistance, resilience, and steadfast fight against imperialism. Going beyond the story of America as a country “discovered” by a few brave men in the “New World,” Indigenous human rights advocate Roxanne Dunbar-Ortiz reveals the roles that settler colonialism and policies of American Indian genocide played in forming our national identity. The original academic text is fully adapted by renowned curriculum experts Debbie Reese and Jean Mendoza, for middle-grade and young adult readers to include discussion topics, archival images, original maps, recommendations for further reading, and other materials to encourage students, teachers, and general readers to think critically about their own place in history.
