The Legal Ideology Of Removal

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The Legal Ideology of Removal

Tim Alan Garrison
The Legal Ideology of Removal Book PDF

Author : Tim Alan Garrison
Publisher : University of Georgia Press
Page : 350 pages
File Size : 46,8 Mb
Release : 2009
Category : Law
ISBN : 9780820334172

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The Legal Ideology of Removal by Tim Alan Garrison Pdf

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.

From Bureaucracy to Bullets

Bree Akesson,Andrew R. Basso
From Bureaucracy to Bullets Book PDF

Author : Bree Akesson,Andrew R. Basso
Publisher : Rutgers University Press
Page : 287 pages
File Size : 52,7 Mb
Release : 2022-02-11
Category : Political Science
ISBN : 9781978802735

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From Bureaucracy to Bullets by Bree Akesson,Andrew R. Basso Pdf

There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly? From Bureaucracy to Bullets answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue.

Signposts

Sally E. Hadden,Patricia Hagler Minter
Signposts Book PDF

Author : Sally E. Hadden,Patricia Hagler Minter
Publisher : University of Georgia Press
Page : 489 pages
File Size : 47,9 Mb
Release : 2013-04-01
Category : Law
ISBN : 9780820345840

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Signposts by Sally E. Hadden,Patricia Hagler Minter Pdf

In Signposts, Sally E. Hadden and Patricia Hagler Minter have assembled seventeen essays, by both established and rising scholars, that showcase new directions in southern legal history across a wide range of topics, time periods, and locales. The essays will inspire today's scholars to dig even more deeply into the southern legal heritage, in much the same way that David Bodenhamer and James Ely's seminal 1984 work, Ambivalent Legacy, inspired an earlier generation to take up the study of southern legal history. Contributors to Signposts explore a wide range of subjects related to southern constitutional and legal thought, including real and personal property, civil rights, higher education, gender, secession, reapportionment, prohibition, lynching, legal institutions such as the grand jury, and conflicts between bench and bar. A number of the essayists are concerned with transatlantic connections to southern law and with marginalized groups such as women and native peoples. Taken together, the essays in Signposts show us that understanding how law changes over time is essential to understanding the history of the South. Contributors: Alfred L. Brophy, Lisa Lindquist Dorr, Laura F. Edwards, James W. Ely Jr., Tim Alan Garrison, Sally E. Hadden, Roman J. Hoyos, Thomas N. Ingersoll, Jessica K. Lowe, Patricia Hagler Minter, Cynthia Nicoletti, Susan Richbourg Parker, Christopher W. Schmidt, Jennifer M. Spear, Christopher R. Waldrep, Peter Wallenstein, Charles L. Zelden.

The Native South

Tim Alan Garrison,Greg O'Brien
The Native South Book PDF

Author : Tim Alan Garrison,Greg O'Brien
Publisher : U of Nebraska Press
Page : 318 pages
File Size : 49,5 Mb
Release : 2017-07
Category : HISTORY
ISBN : 9781496201423

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The Native South by Tim Alan Garrison,Greg O'Brien Pdf

In The Native South, Tim Alan Garrison and Greg O'Brien assemble contributions from leading ethnohistorians of the American South in a state-of-the-field volume of Native American history from the sixteenth to the twenty-first century. Spanning such subjects as Seminole-African American kinship systems, Cherokee notions of guilt and innocence in evolving tribal jurisprudence, Indian captives and American empire, and second-wave feminist activism among Cherokee women in the 1970s, The Native South offers a dynamic examination of ethnohistorical methodology and evolving research subjects in southern Native American history. Theda Perdue and Michael Green, pioneers in the modern historiography of the Native South who developed it into a major field of scholarly inquiry today, speak in interviews with the editors about how that field evolved in the late twentieth century after the foundational work of James Mooney, John Swanton, Angie Debo, and Charles Hudson. For scholars, graduate students, and undergraduates in this field of American history, this collection offers original essays by Mika�la Adams, James Taylor Carson, Tim Alan Garrison, Izumi Ishii, Malinda Maynor Lowery, Rowena McClinton, David A. Nichols, Greg O'Brien, Meg Devlin O'Sullivan, Julie L. Reed, Christina Snyder, and Rose Stremlau.

The Routledge Handbook of American Military and Diplomatic History

Christos G. Frentzos,Antonio S. Thompson
The Routledge Handbook of American Military and Diplomatic History Book PDF

Author : Christos G. Frentzos,Antonio S. Thompson
Publisher : Routledge
Page : 652 pages
File Size : 45,6 Mb
Release : 2014-09-15
Category : History
ISBN : 9781317813347

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The Routledge Handbook of American Military and Diplomatic History by Christos G. Frentzos,Antonio S. Thompson Pdf

The Routledge Handbook of American Military and Diplomatic History provides a comprehensive analysis of the major events, conflicts, and personalities that have defined and shaped the military history of the United States. This volume, The Colonial Period to 1877, illuminates the early period of American history, from the colonial warfare of the 17th century through the tribulations of Reconstruction. The chronologically organized sections each begin with an introductory chapter that provides a concise narrative of the period and highlights the scholarly debates and interpretive schools of thought in the historiography, followed by topical chapters on issues in the period. Topics covered include colonial encounters and warfare, the French and Indian War, the American Revolution, diplomacy in the early American republic, the War of 1812, westward expansion and conquest, the Mexican-American War, the Civil War, and Reconstruction. With authoritative and vividly written chapters by both leading scholars and new talent, this state-of-the-field handbook will be a go-to reference for every American history scholar's bookshelf.

American Indians and State Law

Deborah A. Rosen
American Indians and State Law Book PDF

Author : Deborah A. Rosen
Publisher : U of Nebraska Press
Page : 361 pages
File Size : 42,7 Mb
Release : 2007-01-01
Category : History
ISBN : 9780803239685

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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.

Demanding the Cherokee Nation

Andrew Denson
Demanding the Cherokee Nation Book PDF

Author : Andrew Denson
Publisher : U of Nebraska Press
Page : 346 pages
File Size : 47,7 Mb
Release : 2015-11-01
Category : History
ISBN : 9780803294677

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Demanding the Cherokee Nation by Andrew Denson Pdf

Demanding the Cherokee Nation examines nineteenth-century Cherokee political rhetoric in reassessing an enigma in American Indian history: the contradiction between the sovereignty of Indian nations and the political weakness of Indian communities. Drawing from a rich collection of petitions, appeals, newspaper editorials, and other public records, Andrew Denson describes the ways in which Cherokees represented their people and their nation to non-Indians after their forced removal to Indian Territory in the 1830s. He argues that Cherokee writings on nationhood document a decades-long effort by tribal leaders to find a new model for American Indian relations in which Indian nations could coexist with a modernizing United States. Most non-Natives in the nineteenth century assumed that American development and progress necessitated the end of tribal autonomy, and that at best the Indian nation was a transitional state for Native people on the path to assimilation. As Denson shows, however, Cherokee leaders articulated a variety of ways in which the Indian nation, as they defined it, belonged in the modern world. Tribal leaders responded to developments in the United States and adapted their defense of Indian autonomy to the great changes transforming American life in the middle and late nineteenth century, notably also providing cogent new justification for Indian nationhood within the context of emergent American industrialization.

Multicultural America

Carlos E. Cortés
Multicultural America Book PDF

Author : Carlos E. Cortés
Publisher : SAGE Publications
Page : 2475 pages
File Size : 54,8 Mb
Release : 2013-08-15
Category : Social Science
ISBN : 9781452276267

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Multicultural America by Carlos E. Cortés Pdf

This comprehensive title is among the first to extensively use newly released 2010 U.S. Census data to examine multiculturalism today and tomorrow in America. This distinction is important considering the following NPR report by Eyder Peralta: “Based on the first national numbers released by the Census Bureau, the AP reports that minorities account for 90 percent of the total U.S. growth since 2000, due to immigration and higher birth rates for Latinos.” According to John Logan, a Brown University sociologist who has analyzed most of the census figures, “The futures of most metropolitan areas in the country are contingent on how attractive they are to Hispanic and Asian populations.” Both non-Hispanic whites and blacks are getting older as a group. “These groups are tending to fade out,” he added. Another demographer, William H. Frey with the Brookings Institution, told The Washington Post that this has been a pivotal decade. “We’re pivoting from a white-black-dominated American population to one that is multiracial and multicultural.” Multicultural America: A Multimedia Encyclopedia explores this pivotal moment and its ramifications with more than 900 signed entries not just providing a compilation of specific ethnic groups and their histories but also covering the full spectrum of issues flowing from the increasingly multicultural canvas that is America today. Pedagogical elements include an introduction, a thematic reader’s guide, a chronology of multicultural milestones, a glossary, a resource guide to key books, journals, and Internet sites, and an appendix of 2010 U.S. Census Data. Finally, the electronic version will be the only reference work on this topic to augment written entries with multimedia for today’s students, with 100 videos (with transcripts) from Getty Images and Video Vault, the Agence France Press, and Sky News, as reviewed by the media librarian of the Rutgers University Libraries, working in concert with the title’s editors.

The Prison and the American Imagination

Caleb Smith
The Prison and the American Imagination Book PDF

Author : Caleb Smith
Publisher : Yale University Press
Page : 269 pages
File Size : 49,8 Mb
Release : 2009-09-22
Category : Literary Criticism
ISBN : 9780300156300

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The Prison and the American Imagination by Caleb Smith Pdf

How did a nation so famously associated with freedom become internationally identified with imprisonment? After the scandals of Abu Ghraib and Guantanamo Bay, and in the midst of a dramatically escalating prison population, the question is particularly urgent. In this timely, provocative study, Caleb Smith argues that the dehumanization inherent in captivity has always been at the heart of American civil society. Exploring legal, political, and literary texts--including the works of Dickinson, Melville, and Emerson--Smith shows how alienation and self-reliance, social death and spiritual rebirth, torture and penitence came together in the prison, a scene for the portrayal of both gothic nightmares and romantic dreams. Demonstrating how the cellular soul has endured since the antebellum age, The Prison and the American Imagination offers a passionate and haunting critique of the very idea of solitude in American life.

Conquest by Law

Lindsay G. Robertson
Conquest by Law Book PDF

Author : Lindsay G. Robertson
Publisher : Oxford University Press
Page : 272 pages
File Size : 55,7 Mb
Release : 2005-08-25
Category : History
ISBN : 9780199881994

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Conquest by Law by Lindsay G. Robertson Pdf

In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.

Making Indian Law

Christian W. McMillen
Making Indian Law Book PDF

Author : Christian W. McMillen
Publisher : Yale University Press
Page : 305 pages
File Size : 45,6 Mb
Release : 2008-10-01
Category : Social Science
ISBN : 9780300135237

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Making Indian Law by Christian W. McMillen Pdf

In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.

The Role of Circuit Courts in the Formation of United States Law in the Early Republic

David Lynch
The Role of Circuit Courts in the Formation of United States Law in the Early Republic Book PDF

Author : David Lynch
Publisher : Bloomsbury Publishing
Page : 273 pages
File Size : 42,9 Mb
Release : 2018-02-08
Category : Law
ISBN : 9781509910861

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The Role of Circuit Courts in the Formation of United States Law in the Early Republic by David Lynch Pdf

While scholars have rightly focused on the importance of the landmark opinions of the United States Supreme Court and its Chief Justice, John Marshall, in the rise in influence of the Court in the Early Republic, the crucial role of the circuit courts in the development of a uniform system of federal law across the nation has largely been ignored. This book highlights the contribution of four Associate Justices (Washington, Livingston, Story and Thompson) as presiding judges of their respective circuit courts during the Marshall era, in order to establish that in those early years federal law grew from the 'inferior courts' upwards rather than down from the Supreme Court. It does so after a reading of over 1800 mainly circuit opinions and over 2000 original letters, which reveal the sources of law upon which the justices drew and their efforts through correspondence to achieve consistency across the circuits. The documents examined present insights into momentous social, political and economic issues facing the Union and demonstrate how these justices dealt with them on circuit. Particular attention is paid to the different ways in which each justice contributed to the shaping of United States law on circuit and on the Court and in the case of Justices Livingston and Thompson also during their time on the New York State Supreme Court.

Term Paper Resource Guide to American Indian History

Patrick LeBeau
Term Paper Resource Guide to American Indian History Book PDF

Author : Patrick LeBeau
Publisher : Bloomsbury Publishing USA
Page : 392 pages
File Size : 42,9 Mb
Release : 2009-03-20
Category : Social Science
ISBN : 9780313352720

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Term Paper Resource Guide to American Indian History by Patrick LeBeau Pdf

Major help for American Indian History term papers has arrived to enrich and stimulate students in challenging and enjoyable ways. Students from high school age to undergraduate will be able to get a jump start on assignments with the hundreds of term paper projects and research information offered here in an easy-to-use format. Users can quickly choose from the 100 important events, spanning from the first Indian contact with European explorers in 1535 to the Native American Languages Act of 1990. Coverage includes Indian wars and treaties, acts and Supreme Court decisions, to founding of Indian newspapers and activist groups, and key cultural events. Each event entry begins with a brief summary to pique interest and then offers original and thought-provoking term paper ideas in both standard and alternative formats that often incorporate the latest in electronic media, such as iPod and iMovie. The best in primary and secondary sources for further research are then annotated, followed by vetted, stable Web site suggestions and multimedia resources, usually films, for further viewing and listening. Librarians and faculty will want to use this as well. With this book, the research experience is transformed and elevated. Term Paper Resource Guide to American Indian History is a superb source to motivate and educate students who have a wide range of interests and talents. The provided topics typify and chronicle the long, turbulent history of United States and Indian interactions and the Indian experience.

Andrew Jackson and the Rise of the Democrats

Mark R. Cheathem
Andrew Jackson and the Rise of the Democrats Book PDF

Author : Mark R. Cheathem
Publisher : Bloomsbury Publishing USA
Page : 345 pages
File Size : 46,6 Mb
Release : 2015-03-10
Category : Political Science
ISBN : 9781610694070

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Andrew Jackson and the Rise of the Democrats by Mark R. Cheathem Pdf

This illuminating overview explains political parties in the early 19th century, comparing and contrasting that era with the modern-day political climate. In this chronological examination of the Democratic Party's origins, award-winning author Mark R. Cheathem traces the development of both the Democratic Party and the second American party system from its roots in the Jeffersonian Republicans in the 1790s to its maturation during Andrew Jackson's presidency in the 1830s. The book explores the concept of politics and its effects on the national government of the early American republic. This historical reference is filled with fascinating facts and anecdotes about 19th-century politics in the United States, most notably how Martin Van Buren acted as the architect of the Democratic Party; what factors contributed to the Democrats' rise to power; and how the Bank War created the second American party system, pitting the Democrats against Whigs. Content features key political writings from the period, portraits and political cartoons of the time, and a helpful chronology detailing influential events.

Federal Ground

Gregory Ablavsky
Federal Ground Book PDF

Author : Gregory Ablavsky
Publisher : Oxford University Press
Page : 361 pages
File Size : 44,7 Mb
Release : 2020-12-22
Category : Law
ISBN : 9780190905712

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Federal Ground by Gregory Ablavsky Pdf

Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.