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Author: Bryan H. Wildenthal Publisher: Bloomsbury Publishing USA ISBN: 1576076253 Category : Social Science Languages : en Pages : 376
Book Description
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.
Author: Bryan H. Wildenthal Publisher: Bloomsbury Publishing USA ISBN: 1576076253 Category : Social Science Languages : en Pages : 376
Book Description
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.
Author: Bryan H. Wildenthal Publisher: Hackett Publishing Company ISBN: 9780872207530 Category : Indians of North America Languages : en Pages : 376
Book Description
Disputes over Native American gambling, economic development, land and treaty rights, and civil and criminal jurisdiction all come down to sovereignty. This text is a survey of Native American tribal law and its place within the framework of the US Constitution, from colonial times to today.
Author: Christine K. Gray Publisher: AltaMira Press ISBN: 0759123810 Category : Social Science Languages : en Pages : 231
Book Description
In the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the “order” of Indian affairs. Beginning with the nation’s founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the “tribal moment.”
Author: Wade Davies Publisher: Native American Bibliography Series ISBN: 9780810862357 Category : Indians of North America Languages : en Pages : 0
Book Description
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: J. Mark Hazlett II Publisher: McFarland ISBN: 1476640092 Category : History Languages : en Pages : 257
Book Description
Since the arrival of European settlers, Native American cultural sovereignty has been under attack. Self-determination is a tribal right of Native people, but colonial oppression banned their traditions and religion, purloined and misused sacred sites, and betrayed treaties when convenient. Over time, the settlers usurped Native American culture and lands, and these destructive behaviors continue today. Within the decimated Native American culture left after forced assimilation, American Indians still struggle to retain their rights. In this historical account of the despotism against Native American culture, the altercations of sovereignty, territory, and pluralistic democracy are analyzed in an effort to provide a path towards justice.
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: Robert Dittmer Publisher: ISBN: 9781091193550 Category : Law Languages : en Pages : 828
Book Description
This is a collection of early supreme court decisions on Native Americans and Tribal Sovereignty. This entire book is included in my book, "100 Native American Tribal Sovereignty Supreme Court Decisions." Supreme Court decisions are in the public domain and are freely available at such websites as supreme.justia.com and law.cornell.edu
Author: Alexandra Harmon Publisher: University of Washington Press ISBN: 0295745878 Category : History Languages : en Pages : 421
Book Description
In the 1970s the Quinault and Suquamish, like dozens of Indigenous nations across the United States, asserted their sovereignty by applying their laws to everyone on their reservations. This included arresting non-Indians for minor offenses, and two of those arrests triggered federal litigation that had big implications for Indian tribes’ place in the American political system. Tribal governments had long sought to manage affairs in their territories, and their bid for all-inclusive reservation jurisdiction was an important, bold move, driven by deeply rooted local histories as well as pan-Indian activism. They believed federal law supported their case. In a 1978 decision that reverberated across Indian country and beyond, the Supreme Court struck a blow to their efforts by ruling in Oliphant v. Suquamish Indian Tribe that non-Indians were not subject to tribal prosecution for criminal offenses. The court cited two centuries of US legal history to justify their decision but relied solely on the interpretations of non-Indians. In Reclaiming the Reservation, Alexandra Harmon delves into Quinault, Suquamish, and pan-tribal histories to illuminate the roots of Indians’ claim of regulatory power in their reserved homelands. She considers the promises and perils of relying on the US legal system to address the damage caused by colonial dispossession. She also shows how tribes have responded since 1978, seeking and often finding new ways to protect their interests and assert their sovereignty. Reclaiming the Reservation is the 2020 winner of the Robert G. Athearn Prize for a published book on the twentieth-century American West, presented by the Western History Association.
Author: M. T. Henderson Publisher: Edward Elgar Publishing ISBN: 1803925167 Category : Law Languages : en Pages : 207
Book Description
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.
Author: Bryan H. Wildenthal
Author: Bryan H. Wildenthal
Author: Bryan H. Wildenthal
Author: John R. Wunder
Author: Christine K. Gray
Author: Wade Davies
Author: J. Mark Hazlett II
Author: Thurman Lee Hester, Jr.
Author: Robert Dittmer
Author: Alexandra Harmon
Author: M. T. Henderson