Tribes Treaties And Constitutional Tribulations
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| Author | : Vine Deloria |
| Publisher | : University of Texas Press |
| Total Pages | : 244 |
| Release | : 2010-06-28 |
| Genre | : Social Science |
| ISBN | : 0292789459 |
"Federal Indian law . . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland." In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.
| Author | : Deloria Vine |
| Publisher | : Univ of TX + ORM |
| Total Pages | : 366 |
| Release | : 2010-06-28 |
| Genre | : Law |
| ISBN | : 0292747829 |
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.
| Author | : David Eugene Wilkins |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 381 |
| Release | : 2011 |
| Genre | : History |
| ISBN | : 1442203870 |
""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
| Author | : Frank Pommersheim |
| Publisher | : Univ of California Press |
| Total Pages | : 288 |
| Release | : 1997-03-29 |
| Genre | : History |
| ISBN | : 9780520919150 |
In this ambitious and moving book, Frank Pommersheim, who lived and worked on the Rosebud Sioux Indian Reservation for ten years, challenges the dominant legal history of American Indians and their tribes—a history that concedes far too much power to the laws and courts of the "conqueror." Writing from the perspective of the reservation and contemporary Indian life, Pommersheim makes an urgent call for the advancement of tribal sovereignty and of tribal court systems that are based on Indian culture and values. Taking as its starting point the cultural, spiritual, and physical nature of the reservation, Braid of Feathers goes on to trace the development of Indian law from the 1770s to the present. Pommersheim considers the meaning of justice from the indigenous point of view. He offers a trenchant analysis of the tribal courts, stressing the importance of language, narrative, and story. He concludes by offering a "geography of hope,"one that lies in the West, where Native Americans control a significant amount of natural resources, and where a new ethic of development and preservation is emerging within the dominant society. Pommersheim challenges both Indians and non-Indians to forge an alliance at the local level based on respect and reciprocity—to create solidarity, not undo difference.
| Author | : Stephen Warren |
| Publisher | : University of Oklahoma Press |
| Total Pages | : 479 |
| Release | : 2017-10-16 |
| Genre | : History |
| ISBN | : 0806161000 |
Non-Indians have amassed extensive records of Shawnee leaders dating back to the era between the French and Indian War and the War of 1812. But academia has largely ignored the stories of these leaders’ descendants—including accounts from the Shawnees’ own perspectives. The Eastern Shawnee Tribe of Oklahoma focuses on the nineteenth- and twentieth-century experiences of the Eastern Shawnee Tribe, presenting a new brand of tribal history made possible by the emergence of tribal communities’ own research centers and the resources afforded by the digital age. Offering various perspectives on the history of the Eastern Shawnees, this volume combines essays by leading and emerging scholars of Shawnee history with contributions by Eastern Shawnee citizens and interviews with tribal elders. Editor Stephen Warren introduces the collection, acknowledging that the questions and concerns of colonizers have dominated the themes of American Indian history for far too long. The essays that follow introduce readers to the story of the Eastern Shawnees and consider treaties with the U.S. government, laws impacting the tribe, and tribal leadership. They analyze the Eastern Shawnees’ ways of telling the tribe’s stories, detail Shawnee experiences of federal boarding schools, and recount stories of their chiefs. The book concludes with five tribal members’ life histories, told in their own words. The Eastern Shawnee Tribe of Oklahoma is the culmination of years of collaboration between tribal citizens and Native as well as non-Native scholars. Providing a fuller, more nuanced, and more complete portrayal of Native American historical experiences, this book serves as a resource for both future scholars and tribal members to reconstruct the Eastern Shawnee past and thereby better understand the present. This book was made possible through generous funding from the Administration for Native Americans.
| Author | : David E. Wilkins |
| Publisher | : Fulcrum Publishing |
| Total Pages | : 553 |
| Release | : 2024-04-16 |
| Genre | : Social Science |
| ISBN | : 1682754677 |
Of Living Stone: Perspectives on Continuous Knowledge and the Work of Vine Deloria, Jr. is a collection of new essays on the legacy of Vine Deloria, Jr., one of the most influential thinkers of our time. This insightful collection features more than thirty original pieces, bringing together Tribal leaders, artists, scientists, activists, scholars, legal experts, and humorists. A group of French scholars offers surprising perspectives on Deloria's continuing global influence. Readers will find thoughtful and creative views on his wide-ranging and world-changing body of work. Some build upon his ideas while others offer important criticisms. In addition to its content, this volume is unique in that it was designed to center the traditional exercise of continuous knowledge whereby information is routinely shared, considered, and pragmatically adapted as it flows between generations. In this way, people, ideas and traditions remain alive and relevant—not set in stone —as the past is honored by those living in the present as they prepare for the future. The book includes contributions from a number of remarkable individuals, including: Climate expert Margaret Redsteer (Crow) Melanie Yazzie (DinÉ), host of The Red Power Hour podcast Cheryl Crazy Bull (Sicangu Lakota), president of the American Indian College Fund Activists Faith Spotted Eagle (Yankton Dakota) and Lauren Schad (Cheyenne River Lakota) Writer and producer Migizi Pensoneau (Ponca/Ojibwe) Environmental scientists Kyle Whyte (Citizen Potawatomi) and Ryan Emanuel (Lumbee) Experts on Tribal Governance Deron Marquez (Yuhaaviatam of San Manuel), Frank Ettawageshik (Little Traverse Bay), Norbert Hill (Oneida), Megan Hill (Oneida), and Marty Case. Artists Cannupa Hanska Luger (MHA-Three Affiliated Tribes) and James Johnson (Tlingit) Legal Scholars Sarah Deer (Muscogee), Rebecca Tsosie (Yaqui descent), and Gabe Galanda (Round Valley) Archaeologist Paulette Steeves (Cree-Metis) Scholars of Indigenous Traditions Noenoe Silva (K&ānaka Maoli), Natalie Avalos (Chicana of Mexican Indigenous descent), Tom Holm (Cherokee), and Greg Cajete (Tewa-Santa Clara Pueblo). Time magazine named Vine Deloria, Jr. as one of the greatest thinkers of the twentieth century, and his research, writings, and teachings on history, law, religion, and science continue to influence generations of Indigenous peoples and their allies across the world. He authored many acclaimed books, including God Is Red; The Nations Within (with Clifford Lytle); Red Earth, White Lies; Spirit and Reason; and Custer Died for Your Sins.
| Author | : Eric D. Weitz |
| Publisher | : Princeton University Press |
| Total Pages | : 574 |
| Release | : 2021-06 |
| Genre | : History |
| ISBN | : 0691205140 |
A global history of human rights in a world of nations that grant rights to some while denying them to others Once dominated by vast empires, the world is now divided into some 200 independent countries that proclaim human rights—a transformation that suggests that nations and human rights inevitably develop together. But the reality is far more problematic, as Eric Weitz shows in this compelling global history of the fate of human rights in a world of nation-states. Through vivid histories from virtually every continent, A World Divided describes how, since the eighteenth century, nationalists have established states that grant human rights to some people while excluding others, setting the stage for many of today’s problems, from the refugee crisis to right-wing nationalism. Only the advance of international human rights will move us beyond a world divided between those who have rights and those who don't.
| Author | : Wade Davies |
| Publisher | : Scarecrow Press |
| Total Pages | : 649 |
| Release | : 2009-02-04 |
| Genre | : History |
| ISBN | : 0810862360 |
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.
| Author | : Ralph Rossum |
| Publisher | : Routledge |
| Total Pages | : 789 |
| Release | : 2019-07-23 |
| Genre | : Political Science |
| ISBN | : 1000124355 |
American Constitutional Law 11e, Volume I provides a comprehensive account of the nation's defining document, examining how its provisions were originally understood by those who drafted and ratified it, and how they have since been interpreted by the Supreme Court, Congress, the President, lower federal courts, and state judiciaries. Clear and accessible chapter introductions and a careful balance between classic and recent cases provide students with a sense of how the law has been understood and construed over the years. The 11th Edition has been fully revised to include several new cases, including Trump v. Hawaii (2018), in which Chief Justice Roberts held that Korematsu v. United States "has been overruled in the court of history"; Murphy v. National Collegiate Athletic Association (2018), in which Justice Alito’s majority opinion provides the most compelling argument to date against federal commandeering of state officials; and Sveen v. Melin (2018), a Contract Clause case that shows the Court’s continuing refusal to give a textualist reading of that provision, even in the face of Justice Gorsuch’s compelling and amusing dissent. A revamped and expanded companion website offers access to even more additional cases, an archive of primary documents, and links to online resources, making this text essential for any constitutional law course.
| Author | : Donald L. Fixico |
| Publisher | : Bloomsbury Publishing USA |
| Total Pages | : 1318 |
| Release | : 2007-12-12 |
| Genre | : Social Science |
| ISBN | : 1576078817 |
This invaluable reference reveals the long, often contentious history of Native American treaties, providing a rich overview of a topic of continuing importance. Treaties with American Indians: An Encyclopedia of Rights, Conflicts, and Sovereignty is the first comprehensive introduction to the treaties that promised land, self-government, financial assistance, and cultural protections to many of the over 500 tribes of North America (including Alaska, Hawaii, and Canada). Going well beyond describing terms and conditions, it is the only reference to explore the historical, political, legal, and geographical contexts in which each treaty took shape. Coverage ranges from the 1778 alliance with the Delaware tribe (the first such treaty), to the landmark Worcester v. Georgia case (1832), which affirmed tribal sovereignty, to the 1871 legislation that ended the treaty process, to the continuing impact of treaties in force today. Alphabetically organized entries cover key individuals, events, laws, court cases, and other topics. Also included are 16 in-depth essays on major issues (Indian and government views of treaty-making, contemporary rights to gaming and repatriation, etc.) plus six essays exploring Native American intertribal relationships region by region.
