Native Americans And The Supreme Court
Download Native Americans And The Supreme Court full books in PDF, epub, and Kindle. Read online free Native Americans And The Supreme Court ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author | : David E. Wilkins |
Publisher | : University of Texas Press |
Total Pages | : 426 |
Release | : 1997 |
Genre | : Social Science |
ISBN | : 9780292791091 |
Himself a Lumbee Indian and political scientist, David E. Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. These case studies--and their implications for all minority groups--are important and timely in the context of American government re-examining and redefining itself.
Author | : Victoria Sherrow |
Publisher | : |
Total Pages | : 136 |
Release | : 1997 |
Genre | : Juvenile Nonfiction |
ISBN | : |
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.
Author | : Walter Echo-Hawk |
Publisher | : Fulcrum Publishing |
Total Pages | : 363 |
Release | : 2018-03-26 |
Genre | : Law |
ISBN | : 1555917887 |
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.
Author | : Joe Starita |
Publisher | : Macmillan + ORM |
Total Pages | : 276 |
Release | : 2010-01-05 |
Genre | : Biography & Autobiography |
ISBN | : 1429953306 |
The harrowing story of a Native American man’s tragic loss of land and family, and his heroic journey to reclaim his humanity. 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. A third of the tribe died on the grueling march, including Standing Bear’s only son. “I Am a Man” chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his son’s body to the Ponca’s traditional burial ground. It chronicles his efforts to reclaim his land and rights, culminating in his successful use of habeas corpus to gain access to the courts and secure his freedoms. This is a story of survival that explores fundamental issues of citizenship, constitutional protection, and the nature of democracy. Joe Starita’s well-researched and insightful account bring this vital piece of American history brilliantly to life.
Author | : Orville Vernon Burton |
Publisher | : Harvard University Press |
Total Pages | : 465 |
Release | : 2021-05-04 |
Genre | : Law |
ISBN | : 0674975642 |
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Author | : Tim Alan Garrison |
Publisher | : University of Georgia Press |
Total Pages | : 350 |
Release | : 2009 |
Genre | : Law |
ISBN | : 0820334170 |
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.
Author | : Kimberly Johnston-Dodds |
Publisher | : California Research Bureau |
Total Pages | : 60 |
Release | : 2002 |
Genre | : Law |
ISBN | : |
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.
Author | : Ralph A. Rossum |
Publisher | : University Press of Kansas |
Total Pages | : 224 |
Release | : 2011-04-27 |
Genre | : Law |
ISBN | : 0700617787 |
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.
Author | : Blake A. Watson |
Publisher | : |
Total Pages | : 514 |
Release | : 2022-08-02 |
Genre | : |
ISBN | : 9780806191270 |
Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
Author | : Robert T. Anderson |
Publisher | : West Academic Publishing |
Total Pages | : 0 |
Release | : 2010 |
Genre | : Indians of North America |
ISBN | : 9780314908155 |
This casebook provides an introduction to the legal relationships between American Indian tribes, the federal government and the individual states. The foundational cases are incorporated with statutory text, background material, hypothetical questions, and discussion problems to enliven the classroom experience and enhance student engagement. The second edition includes expanded materials on gaming, international and comparative law, and more photographs, images, and suggestions for links to external sources.