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Native American Sovereignty on Trial by Bryan H. Wildenthal Pdf
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.
Native American Sovereignty on Trial by Bryan H. Wildenthal Pdf
Disputes over Native American gambling, economic development, land and treaty rights, and civil and criminal jurisdiction all come down to sovereignty. This text is a survey of Native American tribal law and its place within the framework of the US Constitution, from colonial times to today.
American Indian Sovereignty and Law by Wade Davies,Richmond L. Clow Pdf
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.
The Tribal Moment in American Politics by Christine K. Gray Pdf
In the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the “order” of Indian affairs. Beginning with the nation’s founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the “tribal moment.”
American Indian History on Trial by E. Richard Hart Pdf
Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations. Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d'Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes.
American Indian Sovereignty by J. Mark Hazlett II Pdf
Since the arrival of European settlers, Native American cultural sovereignty has been under attack. Self-determination is a tribal right of Native people, but colonial oppression banned their traditions and religion, purloined and misused sacred sites, and betrayed treaties when convenient. Over time, the settlers usurped Native American culture and lands, and these destructive behaviors continue today. Within the decimated Native American culture left after forced assimilation, American Indians still struggle to retain their rights. In this historical account of the despotism against Native American culture, the altercations of sovereignty, territory, and pluralistic democracy are analyzed in an effort to provide a path towards justice.
The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.
Author : Daniel M. Cobb Publisher : University Press of Kansas Page : 318 pages File Size : 52,9 Mb Release : 2008-10-24 Category : History ISBN : 9780700617500
Native Activism in Cold War America by Daniel M. Cobb Pdf
The heyday of American Indian activism is generally seen as bracketed by the occupation of Alcatraz in 1969 and the Longest Walk in 1978; yet Native Americans had long struggled against federal policies that threatened to undermine tribal sovereignty and self-determination. This is the first book-length study of American Indian political activism during its seminal years, focusing on the movement's largely neglected early efforts before Alcatraz or Wounded Knee captured national attention. Ranging from the end of World War II to the late 1960s, Daniel Cobb uncovers the groundwork laid by earlier activists. He draws on dozens of interviews with key players to relate untold stories of both seemingly well-known events such as the American Indian Chicago Conference and little-known ones such as Native participation in the Poor People's Campaign of 1968. Along the way, he introduces readers to a host of previously neglected but critically important activists: Mel Thom, Tillie Walker, Forrest Gerard, Dr. Jim Wilson, Martha Grass, and many others. Cobb takes readers inside the early movement-from D'Arcy McNickle's founding of American Indian Development, Inc. and Vine Deloria Jr.'s tenure as executive director of the National Congress of American Indians to Clyde Warrior's leadership in the National Indian Youth Council-and describes how early activists forged connections between their struggle and anticolonialist movements in the developing world. He also describes how the War on Poverty's Community Action Programs transformed Indian Country by training bureaucrats and tribal leaders alike in new political skills and providing activists with the leverage they needed to advance the movement toward self-determination. This book shows how Native people who never embraced militancy--and others who did--made vital contributions as activists well before the American Indian Movement burst onto the scene. By highlighting the role of early intellectuals and activists like Sol Tax, Nancy Lurie, Robert K. Thomas, Helen Peterson, and Robert V. Dumont, Cobb situates AIM's efforts within a much broader context and reveals how Native people translated the politics of Cold War civil rights into the language of tribal sovereignty. Filled with fascinating portraits, Cobb's groundbreaking study expands our understanding of American Indian political activism and contributes significantly to scholarship on the War on Poverty, the 1960s, and postwar politics and social movements.
Author : David E. Wilkins Publisher : University of Texas Press Page : 426 pages File Size : 42,8 Mb Release : 2010-01-01 Category : Social Science ISBN : 9780292774001
American Indian Sovereignty and the U.S. Supreme Court by David E. Wilkins Pdf
"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.
The first social history of American Indians' role in the making of American law which sheds new light on Native American struggles for sovereignty and justice in nineteenth-century America.
American Indians and State Law by Deborah A. Rosen Pdf
American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.
