American Indian Sovereignty and the U.S. Supreme Court

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Publisher : University of Texas Press
ISBN 13 : 0292774001
Total Pages : 426 pages
Book Rating : 4.2/5 (927 download)

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Book Synopsis American Indian Sovereignty and the U.S. Supreme Court by : David E. Wilkins

Download or read book American Indian Sovereignty and the U.S. Supreme Court written by David E. Wilkins and published by University of Texas Press. This book was released on 2010-01-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Native Americans and the Supreme Court

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Publisher : Edward Elgar Publishing
ISBN 13 : 1803925167
Total Pages : 207 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Native Americans and the Supreme Court by : M. T. Henderson

Download or read book Native Americans and the Supreme Court written by M. T. Henderson and published by Edward Elgar Publishing. This book was released on 2022-11-11 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although Native Americans have been subjugated by every American government since The Founding, they have persevered and, in some cases, thrived. What explains the existence of separate, semi-sovereign nations within the larger American nation? In large part it has been victories won at the Supreme Court that have preserved the opportunity for Native Americans to ‘make their own laws and be ruled by them.’ The Supreme Court could have gone further, creating truly sovereign nations with whom the United States could have negotiated on an equal basis. The Supreme Court could also have done away with tribes and tribalism with the stroke of a pen. Instead, the Court set a compromise course, declaring tribes not fully sovereign but also something far more than a mere social club.

Cherokee Nation V. Georgia

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Publisher :
ISBN 13 :
Total Pages : 136 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Cherokee Nation V. Georgia by : Victoria Sherrow

Download or read book Cherokee Nation V. Georgia written by Victoria Sherrow and published by . This book was released on 1997 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Victoria Sherrow examines a series of cases in the 1830s, including Cherokee Nation v. Georgia and Worcester v. Georgia, all dealing with the legal rights of the Cherokee people to govern themselves as an independent and sovereign nation and to own their own land. The Cherokee people were consistently denied any legal rights.

In the Courts of the Conquerer

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Publisher : Fulcrum Publishing
ISBN 13 : 1555917887
Total Pages : 422 pages
Book Rating : 4.5/5 (559 download)

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Book Synopsis In the Courts of the Conquerer by : Walter Echo-Hawk

Download or read book In the Courts of the Conquerer written by Walter Echo-Hawk and published by Fulcrum Publishing. This book was released on 2018-03-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.

"I Am a Man"

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Publisher : Macmillan + ORM
ISBN 13 : 1429953306
Total Pages : 274 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis "I Am a Man" by : Joe Starita

Download or read book "I Am a Man" written by Joe Starita and published by Macmillan + ORM. This book was released on 2010-01-05 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1877, Chief Standing Bear's Ponca Indian tribe was forcibly removed from their Nebraska homeland and marched to what was then known as Indian Territory (now Oklahoma), in what became the tribe's own Trail of Tears. "I Am a Man" chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his only son to their traditional burial ground. Along the way, it examines the complex relationship between the United States government and the small, peaceful tribe and the legal consequences of land swaps and broken treaties, while never losing sight of the heartbreaking journey the Ponca endured. It is a story of survival---of a people left for dead who arose from the ashes of injustice, disease, neglect, starvation, humiliation, and termination. On another level, it is a story of life and death, despair and fortitude, freedom and patriotism. A story of Christian kindness and bureaucratic evil. And it is a story of hope---of a people still among us today, painstakingly preserving a cultural identity that had sustained them for centuries before their encounter with Lewis and Clark in the fall of 1804. Before it ends, Standing Bear's long journey home also explores fundamental issues of citizenship, constitutional protection, cultural identity, and the nature of democracy---issues that continue to resonate loudly in twenty-first-century America. It is a story that questions whether native sovereignty, tribal-based societies, and cultural survival are compatible with American democracy. Standing Bear successfully used habeas corpus, the only liberty included in the original text of the Constitution, to gain access to a federal court and ultimately his freedom. This account aptly illuminates how the nation's delicate system of checks and balances worked almost exactly as the Founding Fathers envisioned, a system arguably out of whack and under siege today. Joe Starita's well-researched and insightful account reads like historical fiction as his careful characterizations and vivid descriptions bring this piece of American history brilliantly to life.

The Legal Ideology of Removal

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Publisher : University of Georgia Press
ISBN 13 : 0820334170
Total Pages : 350 pages
Book Rating : 4.8/5 (23 download)

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Book Synopsis The Legal Ideology of Removal by : Tim Alan Garrison

Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

American Indians and the Law

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Publisher : Penguin
ISBN 13 : 9780670018574
Total Pages : 310 pages
Book Rating : 4.0/5 (185 download)

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Book Synopsis American Indians and the Law by : N. Bruce Duthu

Download or read book American Indians and the Law written by N. Bruce Duthu and published by Penguin. This book was released on 2008 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history and political evaluation of the unique constitutional status of Native Americans profiles their sovereign government process and relationship with Congress, describing the complex legal disputes associated with the self-rule of Native tribes as reflected in landmark cases from the past two centuries. 20,000 first printing.

Native American Sovereignty on Trial

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 1576076253
Total Pages : 376 pages
Book Rating : 4.5/5 (76 download)

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Book Synopsis Native American Sovereignty on Trial by : Bryan H. Wildenthal

Download or read book Native American Sovereignty on Trial written by Bryan H. Wildenthal and published by Bloomsbury Publishing USA. This book was released on 2003-04-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

In the Courts of the Conqueror (Large Print 16pt)

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Publisher : ReadHowYouWant.com
ISBN 13 : 1459602765
Total Pages : 542 pages
Book Rating : 4.4/5 (596 download)

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Book Synopsis In the Courts of the Conqueror (Large Print 16pt) by : Walter Echo-Hawk

Download or read book In the Courts of the Conqueror (Large Print 16pt) written by Walter Echo-Hawk and published by ReadHowYouWant.com. This book was released on 2011-03 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Echo-Hawk reveals the troubling fact that American law has rendered legal the destruction of Native Americans and their culture. He analyzes ten cases that embody or expose the roots of injustice and highlight the use of nefarious legal doctrines.

Religious Freedom and Indian Rights

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Publisher : Landmark Law Cases and American Society
ISBN 13 :
Total Pages : 344 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Religious Freedom and Indian Rights by : Carolyn Nestor Long

Download or read book Religious Freedom and Indian Rights written by Carolyn Nestor Long and published by Landmark Law Cases and American Society. This book was released on 2000 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Supreme Court's controversial decision in Oregon v. Smith sharply departed from previous expansive readings of the First Amendment's religious freedom clause and ignited a firestorm of protest from legal scholars, religious groups, legislators, and Native Americans. A major event in Native American history, the case attracted widespread support for the Indian cause from a diverse array of religious groups eager to protect their own religious freedom and led to an intense tug-of-war between the Court and Congress. Carolyn Long provides the first book-length analysis of Smith and shows shy it continues to resonate so deeply in the American psyche."--Back cover.

Religion, Law, and the Land

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 031300336X
Total Pages : 209 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Religion, Law, and the Land by : Brian E. Brown

Download or read book Religion, Law, and the Land written by Brian E. Brown and published by Bloomsbury Publishing USA. This book was released on 1999-11-30 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining a series of court decisions made during the 1980s regarding the legal claims of several Native American tribes who attempted to protect ancestrally revered lands from development schemes by the federal government, this book looks at important questions raised about the religious status of land. The tribes used the First Amendment right of free exercise of religion as the basis of their claim, since governmental action threatened to alter the land which served as the primordial sacred reality without which their derivative religious practices would be meaningless. Brown argues that a constricted notion of religion on the part of the courts, combined with a pervasive cultural predisposition towards land as private property, marred the Constitutional analysis of the courts to deprive the Native American plaintiffs of religious liberty. Brown looks at four cases, which raised the issue at the federal district and appellate court levels, centered on lands in Tennessee, Utah, South Dakota, and Arizona; then it considers a fifth case regarding land in northwestern California, which ultimately went to the U.S. Supreme Court. In all cases, the author identifies serious deficiencies in the judicial evaluations. The lower courts applied a conception of religion as a set of beliefs and practices that are discrete and essentially separate from land, thus distorting and devaluing the fundamental basis of the tribal claims. It was this reductive fixation of land as property, implicit in the rulings of the first four cases, that became explicitly sanctioned and codified in the Supreme Court's decision in Lyng v. Northwest Indian Cemetery Protective Association of 1988. In reaching such a position, the Supreme Court injudiciously engaged in a policy determination to protect government land holdings, and did so through a shocking repudiation of its own long established jurisprudential procedure in cases concerning the free exercise of religion.

Native American Sovereignty

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Publisher : Taylor & Francis
ISBN 13 : 0815336292
Total Pages : 333 pages
Book Rating : 4.8/5 (153 download)

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Book Synopsis Native American Sovereignty by : John R. Wunder

Download or read book Native American Sovereignty written by John R. Wunder and published by Taylor & Francis. This book was released on 1999 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

Like a Loaded Weapon

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Publisher : U of Minnesota Press
ISBN 13 : 1452907560
Total Pages : 309 pages
Book Rating : 4.4/5 (529 download)

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Book Synopsis Like a Loaded Weapon by : Robert A. Williams

Download or read book Like a Loaded Weapon written by Robert A. Williams and published by U of Minnesota Press. This book was released on 2005-11-10 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Supreme Court and Tribal Gaming

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Publisher : University Press of Kansas
ISBN 13 : 0700617787
Total Pages : 224 pages
Book Rating : 4.7/5 (6 download)

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Book Synopsis The Supreme Court and Tribal Gaming by : Ralph A. Rossum

Download or read book The Supreme Court and Tribal Gaming written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2011-04-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Cabazon Band of Mission Indians-a small tribe of only 25 members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians, the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.

The Literary and Legal Genealogy of Native American Dispossession

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Publisher : Routledge
ISBN 13 : 1317282108
Total Pages : 250 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis The Literary and Legal Genealogy of Native American Dispossession by : George D Pappas

Download or read book The Literary and Legal Genealogy of Native American Dispossession written by George D Pappas and published by Routledge. This book was released on 2017-07-14 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Literary and Legal Genealogy of Native American Dispossession offers a unique interpretation of how literary and public discourses influenced three U.S. Supreme Court Rulings written by Chief Justice John Marshall with respect to Native Americans. These cases, Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831) and Worcester v. Georgia (1832), collectively known as the Marshall Trilogy, have formed the legal basis for the dispossession of indigenous populations throughout the Commonwealth. The Trilogy cases are usually approached as ‘pure’ legal judgments. This book maintains, however, that it was the literary and public discourses from the early sixteenth through to the early nineteenth centuries that established a discursive tradition which, in part, transformed the American Indians from owners to ‘mere occupants’ of their land. Exploring the literary genesis of Marshall’s judgments, George Pappas draws on the work of Michel Foucault, Edward Said and Homi Bhabha, to analyse how these formative U.S. Supreme Court rulings blurred the distinction between literature and law.

American Indians, American Justice

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Publisher : University of Texas Press
ISBN 13 : 0292789475
Total Pages : 366 pages
Book Rating : 4.2/5 (927 download)

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Book Synopsis American Indians, American Justice by : Deloria Vine

Download or read book American Indians, American Justice written by Deloria Vine and published by University of Texas Press. This book was released on 2010-06-28 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive overview of federal Indian law explores the context and complexities of modern Native American politics and legal rights. Both accessible and authoritative, American Indians, American Justice is an essential sourcebook for all concerned with the plight of the contemporary Indian. Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They also define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. They examine how attorneys and Indian advocates defend Indian rights; identify the typical challenges Indians face in the criminal and civil legal arenas; and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.

Worcester V. Georgia

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Publisher : Cavendish Square Publishing, LLC
ISBN 13 : 9780761429562
Total Pages : 0 pages
Book Rating : 4.4/5 (295 download)

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Book Synopsis Worcester V. Georgia by : Susan Dudley Gold

Download or read book Worcester V. Georgia written by Susan Dudley Gold and published by Cavendish Square Publishing, LLC. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Details the Supreme Court case that protected Native Americans from the actions of state governments and discusses its legacy.