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Author: Thurman Lee Hester, Jr. Publisher: Routledge ISBN: 1136544151 Category : History Languages : en Pages : 154
Book Description
Political Principles and Indian Sovereignty examines the connection between the well being of Indian people, the sovereignty of Indian Nations and the democratic principles on which the United States was founded. Problems faced by Native Americans in health, education and general welfare are linked to the loss of sovereignty caused by the U.S. Government.
Author: Thurman Lee Hester, Jr. Publisher: Routledge ISBN: 1136544151 Category : History Languages : en Pages : 154
Book Description
Political Principles and Indian Sovereignty examines the connection between the well being of Indian people, the sovereignty of Indian Nations and the democratic principles on which the United States was founded. Problems faced by Native Americans in health, education and general welfare are linked to the loss of sovereignty caused by the U.S. Government.
Author: John R. Wunder Publisher: Routledge ISBN: 1135577021 Category : Political Science Languages : en Pages : 333
Book Description
The essays included in this collection help define Native American sovereignty in today's world. They draw upon past legal experiences and project into the future. The collection begins with a brief definition of sovereignty, followed by a consideration of the most important documents that show the relationships between Native American nations and the U.S. government. They continue with a study of how treaties were handled by Congress and the current and future implication of the treaty relationships. The selection concludes with a look at the issue of federal plenary power in terms of treaties and the evolution of American case law.
Author: Frank Pommersheim Publisher: Oxford University Press ISBN: 019970659X Category : Law Languages : en Pages : 425
Book Description
Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.
Author: Benjamin Constant Publisher: ISBN: Category : History Languages : en Pages : 594
Book Description
Benjamin Constant (1767-1830) was born in Switzerland and became one of France's leading writers, as well as a journalist, philosopher, and politician. His colourful life included a formative stay at the University of Edinburgh; service at the court of Brunswick, Germany; election to the French Tribunate; and initial opposition and subsequent support for Napoleon, even the drafting of a constitution for the Hundred Days. Constant wrote many books, essays, and pamphlets. His deepest conviction was that reform is hugely superior to revolution, both morally and politically. While Constant's fluid, dynamic style and lofty eloquence do not always make for easy reading, his text forms a coherent whole, and in his translation Dennis O'Keeffe has focused on retaining the 'general elegance and subtle rhetoric' of the original. Sir Isaiah Berlin called Constant 'the most eloquent of all defenders of freedom and privacy' and believed to him we owe the notion of 'negative liberty', that is, what Biancamaria Fontana describes as "the protection of individual experience and choices from external interferences and constraints." To Constant it was relatively unimportant whether liberty was ultimately grounded in religion or metaphysics -- what mattered were the practical guarantees of practical freedom -- "autonomy in all those aspects of life that could cause no harm to others or to society as a whole." This translation is based on Etienne Hofmann's critical edition of Principes de politique (1980), complete with Constant's additions to the original work.
Author: Kouslaa T. Kessler-Mata Publisher: Cambridge University Press ISBN: 1108244998 Category : Political Science Languages : en Pages : 153
Book Description
With tribes and individual Indians increasingly participating in American electoral politics, this study examines the ways in which tribes work together with state and local governments to overcome significant governance challenges. Much scholarship on tribal governance continues to rely on a concept of tribal sovereignty that does not allow for or help structure this type of governance activity. The resulting tension which emerges in both theory and practice from American Indian intergovernmental affairs is illuminated here and the limits of existing theory are confronted. Kessler-Mata presents an argument for tribal sovereignty to be normatively understood and pragmatically pursued through efforts aimed at interdependence, not autonomy. By turning toward theories of federalism and freedom in the republican tradition, the author provides an alternative framework for thinking about the goals and aspirations of tribal self-determination.
Author: Russel Lawrence Barsh Publisher: Univ of California Press ISBN: 9780520046368 Category : Political Science Languages : en Pages : 324
Book Description
A book about the rights of Indian tribes on reservations within the United States. The political relationship between these tribes, the states in which they are located, and the federal government has long intrigued and perplexed Americans.
Author: Bruce Duthu Publisher: Oxford University Press ISBN: 0199910685 Category : Law Languages : en Pages : 249
Book Description
American Indian tribes have long been recognized as "domestic, dependent nations" within the United States, with powers of self-government that operate within the tribes' sovereign territories. Yet over the years, Congress and the Supreme Court have steadily eroded these tribal powers. In some respects, the erosion of tribal powers reflects the legacy of an imperialist impulse to constrain or eliminate any political power that may compete with the state. These developments have moved the nation away from its early commitments to a legally plural society--in other words, the idea that multiple nations and their legal systems could co-exist peacefully in shared territories. Shadow Nations argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation's earliest years. From an ideological standpoint, this means that we must reexamine several long-held commitments. One is to legal centralism, the view that the nation-state and its institutions are the only legitimate sources of law. Another is to liberalism, the dominant political philosophy that undergirds our democratic structures and situates the individual, not the group or a collective, as the bedrock moral unit of society. From a constitutional standpoint, establishing more robust expressions of tribal sovereignty will require that we take seriously the concerns of citizens, tribal and non-tribal alike, who demand that tribal governments operate consistently with basic constitutional values. From an institutional standpoint, these efforts will require a new, flexible and adaptable institutional architecture that is better suited to accommodating these competing interests. Argued with grace, humanity, and a peerless scholarly eye, Shadow Nations is a clarion call for a true and consequential rethinking of the legal and political relationship between Indigenous tribes and the United States government.
Author: Madhav Khosla Publisher: ISBN: 0674980875 Category : Constitutional history Languages : en Pages : 241
Book Description
"How did the founders of the most populous democratic nation in the world meet the problem of establishing a democracy after the departure of foreign rule? The justification for British imperial rule had stressed the impossibility of Indian self-government. At the heart of India's founding moment, in which constitution-making and democratization occurred simultaneously, lay the question of how to implement democracy in an environment regarded as unqualified for its existence. India's founders met this challenge in direct terms-the people, they acknowledged, had to be educated to create democratic citizens. But the path to education lay not in being ruled by a superior class of men but rather in the very creation of a self-sustaining politics. Universal suffrage was instituted amidst poverty, illiteracy, social heterogeneity, and centuries of tradition. Under the guidance of B. R. Ambedkar, Indian lawmakers crafted a constitutional system that could respond to the problem of democratization under the most inhospitable of conditions. On January 26, 1950, the Indian constitution-the longest in the world-came into effect. More than half of the world's constitutions have been written in the past three decades. Unlike the constitutional revolutions of the late-eighteenth century, these contemporary revolutions have occurred in countries that are characterized by low levels of economic growth and education; are divided by race, religion, and ethnicity; and have democratized at once, rather than gradually. The Indian founding is a natural reference point for such constitutional moments-when democracy, constitutionalism, and modernity occur simultaneously"--
Author: Tahu Kukutai Publisher: ANU Press ISBN: 1760460311 Category : Social Science Languages : en Pages : 344
Book Description
As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience. ‘A debate-shaping book … it speaks to a fast-emerging field; it has a lot of important things to say; and the timing is right.’ — Stephen Cornell, Professor of Sociology and Faculty Chair of the Native Nations Institute, University of Arizona ‘The effort … in this book to theorise and conceptualise data sovereignty and its links to the realisation of the rights of indigenous peoples is pioneering and laudable.’ — Victoria Tauli-Corpuz, UN Special Rapporteur on the Rights of Indigenous Peoples, Baguio City, Philippines
Author: Thurman Lee Hester, Jr.
Author: Thurman Lee Hester, Jr.
Author: Thurman Lee Hester
Author: John R. Wunder
Author: Frank Pommersheim
Author: Benjamin Constant
Author: Kouslaa T. Kessler-Mata
Author: Russel Lawrence Barsh
Author: Bruce Duthu
Author: Madhav Khosla
Author: Tahu Kukutai