Download broken landscape indians indian tribes and the constitution in pdf or read broken landscape indians indian tribes and the constitution in pdf online books in PDF, EPUB and Mobi Format. Click Download or Read Online button to get broken landscape indians indian tribes and the constitution in pdf book now. This site is like a library, Use search box in the widget to get ebook that you want.



Broken Landscape

Author: Frank Pommersheim
Publisher: Oxford University Press
ISBN: 9780199706594
Size: 48.45 MB
Format: PDF, ePub, Docs
View: 5549
Download and Read
Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.

Behind The Trail Of Broken Treaties

Author: Vine Deloria, Jr.
Publisher: University of Texas Press
ISBN: 0292789467
Size: 75.57 MB
Format: PDF, ePub, Docs
View: 5638
Download and Read
Originally published in 1974, just as the Wounded Knee occupation was coming to an end, Behind the Trail of Broken Treaties raises disturbing questions about the status of American Indians within the American and international political landscapes. Analyzing the history of Indian treaty relations with the United States, Vine Deloria presents population and land ownership information to support his argument that many Indian tribes have more impressive landholdings than some small members of the United Nations. Yet American Indians are not even accorded status within the UN's trust territories recognition process. A 2000 study published by the Annual Survey of International and Comparative Law recommends that the United Nations offer membership to the Iroquois, Cherokee, Navajo, and other Indian tribes. Ironically, the study also recommends that smaller tribes band together to form a confederation to seek membership—a suggestion nearly identical to the one the United States made to the Delaware Indians in 1778—and that a presidential commission explore ways to move beyond the Doctrine of Discovery, under which European nations justified their confiscation of Indian lands. Many of these ideas appear here in this book, which predates the 2000 study by twenty-six years. Thus, Behind the Trail of Broken Treaties anticipates recent events as history comes full circle, making the book imperative reading for anyone wishing to understand the background of the movement of American Indians onto the world political stage. In the quarter century since this book was written, Indian nations have taken great strides in demonstrating their claims to recognized nationhood. Together with Tribes, Treaties, and Constitutional Tribulations, by Deloria and David E. Wilkins, Behind the Trail of Broken Treaties highlights the historical events that helped bring these changes to fruition. At the conclusion of Behind the Trail of Broken Treaties, Deloria states: "The recommendations made in the Twenty Points and the justification for such a change as articulated in the book may well come to pass in our lifetime." Now we are seeing his statement come true.

The People Are Dancing Again

Author: Charles Wilkinson
Publisher: University of Washington Press
ISBN: 0295802014
Size: 19.98 MB
Format: PDF, ePub
View: 1748
Download and Read
The history of the Siletz is in many ways the history of all Indian tribes in America: a story of heartache, perseverance, survival, and revival. It began in a resource-rich homeland thousands of years ago and today finds a vibrant, modern community with a deeply held commitment to tradition. The Confederated Tribes of Siletz Indians�twenty-seven tribes speaking at least ten languages�were brought together on the Oregon Coast through treaties with the federal government in 1853�55. For decades after, the Siletz people lost many traditional customs, saw their languages almost wiped out, and experienced poverty, killing diseases, and humiliation. Again and again, the federal government took great chunks of the magnificent, timber-rich tribal homeland, a reservation of 1.1 million acres reaching a full 100 miles north to south on the Oregon Coast. By 1956, the tribe had been �terminated� under the Western Oregon Indian Termination Act, selling off the remaining land, cutting off federal health and education benefits, and denying tribal status. Poverty worsened, and the sense of cultural loss deepened. The Siletz people refused to give in. In 1977, after years of work and appeals to Congress, they became the second tribe in the nation to have its federal status, its treaty rights, and its sovereignty restored. Hand-in-glove with this federal recognition of the tribe has come a recovery of some land--several hundred acres near Siletz and 9,000 acres of forest--and a profound cultural revival. This remarkable account, written by one of the nation�s most respected experts in tribal law and history, is rich in Indian voices and grounded in extensive research that includes oral tradition and personal interviews. It is a book that not only provides a deep and beautifully written account of the history of the Siletz, but reaches beyond region and tribe to tell a story that will inform the way all of us think about the past. Watch the book trailer: https://www.youtube.com/watch?v=NEtAIGxp6pc

From Recognition To Reconciliation

Author: Patrick Macklem
Publisher: University of Toronto Press
ISBN: 1442628855
Size: 22.38 MB
Format: PDF, Mobi
View: 4909
Download and Read
In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.

Recognition Sovereignty Struggles And Indigenous Rights In The United States

Author: Amy E. Den Ouden
Publisher: UNC Press Books
ISBN: 1469602172
Size: 60.84 MB
Format: PDF
View: 3585
Download and Read
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 Indian Civil Rights Act At Forty

Author: Kristen A. Carpenter
Publisher: Amer Indian Studies Center
ISBN: 9780935626674
Size: 37.14 MB
Format: PDF, ePub, Mobi
View: 6139
Download and Read
Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights—including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights—to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years—a period of growth, revitalization, and self-determination for many Indian nations.

Native New Yorkers

Author: Evan T. Pritchard
Publisher: Council Oak Books
ISBN: 9781571781079
Size: 13.97 MB
Format: PDF, ePub
View: 5387
Download and Read
A comprehensive and fascinating account of the graceful Algonquin civilization that once flourished in the area that is now New York.

American Indians American Justice

Author: Vine Deloria, Jr.
Publisher: University of Texas Press
ISBN: 9780292738348
Size: 69.13 MB
Format: PDF, ePub, Mobi
View: 2822
Download and Read
Looks at how American Indians are using the courts to settle matters relating to self-determination, cultural preservation, lost land, and basic human rights

Braid Of Feathers

Author: Frank Pommersheim
Publisher: Univ of California Press
ISBN: 9780520919150
Size: 25.89 MB
Format: PDF, Docs
View: 501
Download and Read
In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes—a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity—to create solidarity, not undo difference.

Rebuilding Native Nations

Author: Miriam Jorgensen
Publisher: University of Arizona Press
ISBN: 9780816524235
Size: 52.20 MB
Format: PDF, ePub
View: 3916
Download and Read
A revolution is underway among the Indigenous nations of North America. It is a quiet revolution, largely unnoticed in society at large. But it is profoundly important. From High Plains states and Prairie Provinces to southwestern deserts, from Mississippi and Oklahoma to the northwest coast of the continent, Native peoples are reclaiming their right to govern themselves and to shape their future in their own ways. Challenging more than a century of colonial controls, they are addressing severe social problems, building sustainable economies, and reinvigorating Indigenous cultures. In effect, they are rebuilding their nations according to their own diverse and often innovative designs. Produced by the Native Nations Institute for Leadership, Management, and Policy at the University of Arizona and the Harvard Project on American Indian Economic Development, this book traces the contours of that revolution as Native nations turn the dream of self-determination into a practical reality. Part report, part analysis, part how-to manual for Native leaders, it discusses strategies for governance and community and economic development being employed by American Indian nations and First Nations in Canada as they move to assert greater control over their own affairs. Rebuilding Native Nations provides guidelines for creating new governance structures, rewriting constitutions, building justice systems, launching nation-owned enterprises, encouraging citizen entrepreneurs, developing new relationships with non-Native governments, and confronting the crippling legacies of colonialism. For nations that wish to join that revolution or for those who simply want to understand the transformation now underway across Indigenous North America, this book is a critical resource. CONTENTS Foreword by Oren Lyons Editor's Introduction Part 1 Starting Points 1. Two Approaches to the Development of Native Nations: One Works, the Other Doesn't Stephen Cornell and Joseph P. Kalt 2. Development, Governance, Culture: What Are They and What Do They Have to Do with Rebuilding Native Nations? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Joseph P. Kalt Part 2 Rebuilding the Foundations 3. Remaking the Tools of Governance: Colonial Legacies, Indigenous Solutions Stephen Cornell 4. The Role of Constitutions in Native Nation Building: Laying a Firm Foundation Joseph P. Kalt 5 . Native Nation Courts: Key Players in Nation Rebuilding Joseph Thomas Flies-Away, Carrie Garrow, and Miriam Jorgensen 6. Getting Things Done for the Nation: The Challenge of Tribal Administration Stephen Cornell and Miriam Jorgensen Part 3 Reconceiving Key Functions 7. Managing the Boundary between Business and Politics: Strategies for Improving the Chances for Success in Tribally Owned Enterprises Kenneth Grant and Jonathan Taylor 8. Citizen Entrepreneurship: An Underutilized Development Resource Stephen Cornell, Miriam Jorgensen, Ian Wilson Record, and Joan Timeche 9. Governmental Services and Programs: Meeting Citizens' Needs Alyce S. Adams, Andrew J. Lee, and Michael Lipsky 10. Intergovernmental Relationships: Expressions of Tribal Sovereignty Sarah L. Hicks Part 4 Making It Happen 11. Rebuilding Native Nations: What Do Leaders Do? Manley A. Begay, Jr., Stephen Cornell, Miriam Jorgensen, and Nathan Pryor 12. Seizing the Future: Why Some Native Nations Do and Others Don't Stephen Cornell, Miriam Jorgensen, Joseph P. Kalt, and Katherine Spilde Contreras Afterword by Satsan (Herb George) References About the Contributors Index