The Supreme Courts Role In American Indian Policy

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American Indian Sovereignty and the U.S. Supreme Court

Author : David E. Wilkins
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.

The Supreme Court's Role in American Indian Policy

Author : John Harlan Vinzant
Publisher : LFB Scholarly Publishing
ISBN 13 : 9781593323301
Total Pages : 0 pages
Book Rating : 4.3/5 (233 download)

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Book Synopsis The Supreme Court's Role in American Indian Policy by : John Harlan Vinzant

Download or read book The Supreme Court's Role in American Indian Policy written by John Harlan Vinzant and published by LFB Scholarly Publishing. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy.Vinzant demonstrates how the Supreme Court has been effective at shaping American Indian policy in the areas of tribal sovereignty and the trust responsibility. He explains how the Court, has been able to be very active in stripping away tribal sovereignty while Congress has responded to restrain the Court. Vinzant introduces the idea of effectiveness in judicial policymaking and argues that the Court has been highly effective in making American Indian policy.

Supreme Court Interpretation and Policymaking in American Indian Policy

Author : John Harlan Vinzant
Publisher :
ISBN 13 :
Total Pages : 460 pages
Book Rating : 4.:/5 (144 download)

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Book Synopsis Supreme Court Interpretation and Policymaking in American Indian Policy by : John Harlan Vinzant

Download or read book Supreme Court Interpretation and Policymaking in American Indian Policy written by John Harlan Vinzant and published by . This book was released on 2006 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 1820's, the United States Supreme Court has been influential in crafting the doctrines that shaped federal American Indian policy. Over two centuries of American Indian policy and history, three major themes stand out. One, federal policy towards Indians has changed in five distinctive time periods. Two, tribes have witnessed a decline in sovereign powers. Three, the judiciary has had a huge impact and growing influence in these changes. The strong presence of courts in the policymaking process involving Indian affairs offers a case study of interpretation and judicial policymaking. In this qualitative dissertation, I focus on how judicial policymaking can be restrained. To do so, I analyze and explain the development of two areas of federal Indian policy: tribal legal and political protections from individual state power and the creation of the federal trust responsibility between the federal government and tribes. I assess where the Court has involved themselves in policymaking and how they were able to be effective. I define effectiveness as the ability to specify alternatives and consequences in such a way that other actors will be bound by a decision and the court can continue to be authoritative in future decisions on a policy. I identify the Supreme Court as a strong and effective policymaker in the areas of the trust responsibility and crafting political/legal protections. I then propose three factors that have determined its effectiveness. The three factors are: the presence of competing state/tribal interests; federal mandates or policy actions; and established precedents, legal language, or norms. I conclude that Congressional specificity is the dominant factor to restrain the policymaking role of the Court. Chapter 2 briefly traces the federal development of Indian policy. Chapters 3 and 4 explain the seminal Court cases from McIntosh v. Johnson (1823) to Lone Wolf v. Hitchcock (1906). Chapter 5 discusses the early creation of the Indian trust relationship or responsibility from the 1820's to the 1940's. Covering the modern cases since the 1950's, Chapters 6 through 8 explain how the Court has been able to interpret vague Congressional language to craft legal doctrine that significantly changed the nature of tribal sovereignty and state power. Chapter 9 concludes.

Final Report to the American Indian Policy Review Commission

Author : United States. American Indian policy review commission
Publisher :
ISBN 13 :
Total Pages : 640 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Final Report to the American Indian Policy Review Commission by : United States. American Indian policy review commission

Download or read book Final Report to the American Indian Policy Review Commission written by United States. American Indian policy review commission and published by . This book was released on 1976 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Indian Policy Review Commission

Author : United States. American Indian Policy Review Commission
Publisher :
ISBN 13 :
Total Pages : 652 pages
Book Rating : 4.3/5 (121 download)

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Book Synopsis American Indian Policy Review Commission by : United States. American Indian Policy Review Commission

Download or read book American Indian Policy Review Commission written by United States. American Indian Policy Review Commission and published by . This book was released on 1977 with total page 652 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Indians, American Justice

Author : Deloria Vine
Publisher : Univ of TX + ORM
ISBN 13 : 0292747829
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 Univ of TX + ORM. 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.

Reading American Indian Law

Author : Grant Christensen
Publisher : Cambridge University Press
ISBN 13 : 1108775977
Total Pages : 451 pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Reading American Indian Law by : Grant Christensen

Download or read book Reading American Indian Law written by Grant Christensen and published by Cambridge University Press. This book was released on 2019-12-12 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of American Indian law and policy usually focuses on federal statutes and court decisions, with these sources forming the basis for most textbooks. Virtually ignored is the robust and growing body of scholarly literature analyzing and contextualizing these primary sources. Reading American Indian Law is designed to fill that void. Organized into four parts, this book presents 16 of the most impactful law review articles written during the last three decades. Collectively, these articles explore the core concepts underlying the field: the range of voices including those of tribal governments and tribal courts, the role property has played in federal Indian law, and the misunderstandings between both people and sovereigns that have shaped changes in the law. Structured with flexibility in mind, this book may be used in a wide variety of classroom settings including law schools, tribal colleges, and both graduate and undergraduate programs.

Like a Loaded Weapon

Author : Robert A. Williams
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.

"I Am a Man"

Author : Joe Starita
Publisher : Macmillan + ORM
ISBN 13 : 1429953306
Total Pages : 276 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 276 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.

Rulings of the U.S. Supreme Court as They Affect the Powers and Authorities of the Indian Tribal Governments

Author : United States. Congress. Senate. Committee on Indian Affairs (1993- )
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Rulings of the U.S. Supreme Court as They Affect the Powers and Authorities of the Indian Tribal Governments by : United States. Congress. Senate. Committee on Indian Affairs (1993- )

Download or read book Rulings of the U.S. Supreme Court as They Affect the Powers and Authorities of the Indian Tribal Governments written by United States. Congress. Senate. Committee on Indian Affairs (1993- ) and published by . This book was released on 2002 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Indian Policy in the Twentieth Century

Author : Vine Deloria
Publisher : University of Oklahoma Press
ISBN 13 : 9780806124247
Total Pages : 278 pages
Book Rating : 4.1/5 (242 download)

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Book Synopsis American Indian Policy in the Twentieth Century by : Vine Deloria

Download or read book American Indian Policy in the Twentieth Century written by Vine Deloria and published by University of Oklahoma Press. This book was released on 1985 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers eleven essays on federal Indian policy.

American Indians and the Law

Author : N. Bruce Duthu
Publisher : Penguin
ISBN 13 : 1101157917
Total Pages : 310 pages
Book Rating : 4.1/5 (11 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 2008-01-31 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.

Early California Laws and Policies Related to California Indians

Author : Kimberly Johnston-Dodds
Publisher : California Research Bureau
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Early California Laws and Policies Related to California Indians by : Kimberly Johnston-Dodds

Download or read book Early California Laws and Policies Related to California Indians written by Kimberly Johnston-Dodds and published by California Research Bureau. This book was released on 2002 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt: Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.

Law and the American Indian

Author : Monroe E. Price
Publisher : Indianapolis : Bobbs-Merrill
ISBN 13 :
Total Pages : 858 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Law and the American Indian by : Monroe E. Price

Download or read book Law and the American Indian written by Monroe E. Price and published by Indianapolis : Bobbs-Merrill. This book was released on 1973 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt:

American Indian Sovereignty and Law

Author : Wade Davies
Publisher : Scarecrow Press
ISBN 13 : 0810862360
Total Pages : 649 pages
Book Rating : 4.8/5 (18 download)

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Book Synopsis American Indian Sovereignty and Law by : Wade Davies

Download or read book American Indian Sovereignty and Law written by Wade Davies and published by Scarecrow Press. This book was released on 2009-02-04 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 13 : 1442203870
Total Pages : 381 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis American Indian Politics and the American Political System by : David Eugene Wilkins

Download or read book American Indian Politics and the American Political System written by David Eugene Wilkins and published by Rowman & Littlefield. This book was released on 2011 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: ""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

Partial Justice

Author : Petra T. Shattuck
Publisher : Berg Publishers
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Partial Justice by : Petra T. Shattuck

Download or read book Partial Justice written by Petra T. Shattuck and published by Berg Publishers. This book was released on 1992 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Should the law be praised or cursed for what it has done to the American Indian? Using American legal history, politics and jurisprudence, this study considers the degree to which American courts have maintained their autonomy and withstood political pressure, when the sovereignty and property rights of Native American tribes were at issue. In 1879, a chief of the Ponca tribe, when released from military custody by an order of a U.S. district court, pronounced the use of law "a better way" to redress Indian grievances. This study explores the development of legal doctrine affecting Native American tribes by courts and commissions in the United States beginning with seminal court cases of the early 19th century and continuing through to the 1980's. Whether the law ever was a better way for Native Americans is a question of fundamental importance not only with regard to the rights - or even the survival - of American Indian tribes but also with respect to the claim of the American legal system to be equally fair and just to all groups in society regardless of their economic and political power.