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American Indian Sovereignty And The U S Supreme Court

Author: David E. Wilkins
Publisher: University of Texas Press
ISBN: 0292774001
Size: 78.40 MB
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"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.

American Indian Sovereignty And Law

Author: Wade Davies
Publisher: Scarecrow Press
ISBN: 0810862360
Size: 70.90 MB
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American Indian Sovereignty and Law: An Annotated Bibliography covers a wide variety of topics and includes sources dealing with federal Indian policy, federal and tribal courts, criminal justice, tribal governance, religious freedoms, economic development, and numerous sub-topics related to tribal and individual rights. While primarily focused on the years 1900 to the present, many sources are included that focus on the 19th century or earlier. The annotations included in this reference will help researchers know enough about the arguments and contents of each source to determine its usefulness. Whenever a clear central argument is made in an article or book, it is stated in the entry, unless that argument is made implicit by the title of that entry. Each annotation also provides factual information about the primary topic under discussion. In some cases, annotations list topics that compose a significant portion of an author's discussion but are not obvious from the title of the entry. American Indian Sovereignty and Law will be extremely useful in both studying Native American topics and researching current legal and political actions affecting tribal sovereignty.

American Indian Politics And The American Political System

Author: David Eugene Wilkins
Publisher: Rowman & Littlefield
ISBN: 1442203870
Size: 44.13 MB
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""This book is a lively and accessible account of the remarkably complex legal and political situation of American Indian tribes and tribal citizens (who are also U.S. citizens) David E. Wilkins and Heidi Kiiwetinepinesiik Stark have provided the g̀o-to' source for a clear yet detailed and sophisticated introduction to tribal soverignty and federal Indian policy. It is a valuable resource both for readers unfamiliar with the subject matter and for readers in Native American studies and related fields, who will appreciate the insightful and original scholarly analysis of the authors."--Thomas Biolsi, University of California at Berkeley" ""American Indian Politics and the American Political System is simply an indispensable compendium of fact and reason on the historical and modern landscape of American Indian law and policy. No teacher or student of American Indian studies, no policymaker in American Indian policy, and no observer of American Indian history and law should do without this book. There is nothing in the field remotely as comprehensive, usable, and balanced as Wilkins and Stark's work."--Matthew L. M. Fletcher, director of the Indigenous Law and Policy Center at Michigan State University College of Law" ""Wilkins has written the first general study of contemporary Indians in the United States from the disciplinary standpoint of political science. His inclusion of legal matters results in sophisticated treatment of many contemporary issues involving Native American governments and the government of the United States and gives readers a good background for understanding other questions. The writing is clear-not a minor matter in such a complex subject--and short case histories are presented, plus links (including websites) to many sources of information."--Choice

Uneven Ground

Author: David Eugene Wilkins
Publisher: University of Oklahoma Press
ISBN: 9780806133959
Size: 63.93 MB
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In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.

Like A Loaded Weapon

Author: Robert A. Williams
Publisher: U of Minnesota Press
ISBN: 1452907560
Size: 35.63 MB
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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.

American Indians And The Trouble With Sovereignty

Author: Kouslaa T. Kessler-Mata
Publisher: Cambridge University Press
ISBN: 1108244998
Size: 49.49 MB
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With tribes and individual Indians increasingly participating in American electoral politics, this study examines the ways in which tribes work together with state and local governments to overcome significant governance challenges. Much scholarship on tribal governance continues to rely on a concept of tribal sovereignty that does not allow for or help structure this type of governance activity. The resulting tension which emerges in both theory and practice from American Indian intergovernmental affairs is illuminated here and the limits of existing theory are confronted. Kessler-Mata presents an argument for tribal sovereignty to be normatively understood and pragmatically pursued through efforts aimed at interdependence, not autonomy. By turning toward theories of federalism and freedom in the republican tradition, the author provides an alternative framework for thinking about the goals and aspirations of tribal self-determination.

Lone Wolf V Hitchcock

Author: Blue Clark
Publisher: U of Nebraska Press
ISBN: 9780803264014
Size: 49.49 MB
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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.

Recognition Sovereignty Struggles And Indigenous Rights In The United States

Author: Amy E. Den Ouden
Publisher: UNC Press Books
ISBN: 1469602172
Size: 59.23 MB
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This engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide. Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothertown), Rosemary Cambra (Muwekma Ohlone), Amy E. Den Ouden, Timothy Q. Evans (Haliwa-Saponi), Les W. Field, Angela A. Gonzales (Hopi), Rae Gould (Nipmuc), J. Kehaulani Kauanui (Kanaka Maoli), K. Alexa Koenig, Alan Leventhal, Malinda Maynor Lowery (Lumbee), Jean M. O'Brien (White Earth Ojibwe), John Robinson, Jonathan Stein, Ruth Garby Torres (Schaghticoke), and David E. Wilkins (Lumbee).

The Navajo Political Experience

Author: David E. Wilkins
Publisher: Rowman & Littlefield
ISBN: 1442226692
Size: 38.94 MB
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Native nations, like the Navajo nation, have proven to be remarkably adept at retaining and exercising ever-increasing amounts of self-determination even when faced with powerful external constraints and limited resources. Now in this fourth edition of David E. Wilkins' The Navajo Political Experience, political developments of the last decade are discussed and analyzed comprehensively, and with as much accessibility as thoroughness and detail.

Encyclopedia Of Race Ethnicity And Society

Author: Richard T. Schaefer
Publisher: SAGE
ISBN: 1412926947
Size: 51.70 MB
Format: PDF
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This three volume reference set offers a comprehensive look at the roles race and ethnicity play in society and in our daily lives. General readers, students, and scholars alike will appreciate the informative coverage of intergroup relations in the United States and the comparative examination of race and ethnicity worldwide. These volumes offer a foundation to understanding as well as researching racial and ethnic diversity from a multidisciplinary perspective. Over a hundred racial and ethnic groups are described, with additional thematic essays offering insight into broad topics that cut across group boundaries and which impact on society. The encyclopedia has alphabetically arranged author-signed essays with references to guide further reading. Numerous cross-references aid the reader to explore beyond specific entries, reflecting the interdependent nature of race and ethnicity operating in society. The text is supplemented by photographs, tables, figures and custom-designed maps to provide an engaging visual look at race and ethnicity. An easy-to-use statistical appendix offers the latest data with carefully selected historical comparisons to aid study and research in the area