American Indian Sovereignty and the U.S. Supreme Court

American Indian Sovereignty and the U.S. Supreme Court PDF

Author: David E. Wilkins

Publisher: University of Texas Press

Published: 2010-01-01

Total Pages: 426

ISBN-13: 0292774001

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"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.

Bands, Tribes, and First Peoples and Nations

Bands, Tribes, and First Peoples and Nations PDF

Author: Ariana Wolff

Publisher: Encyclopaedia Britannica

Published: 2014-07-15

Total Pages: 348

ISBN-13: 1622753631

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Anthropology, politics, and history come together to form an insightful blend in this authoritative title covering kinship, tribalism, and nonurban cultures the world over. Both the theory and practical examples of tribal cultures are presented, with several chapters dedicated to the various schools of anthropological thought on nonurban societies, accompanied by a survey of tribal and indigenous cultures both historically and in modern times. American Indians, the indigenous peoples of South America, nomadic tribes of the Middle East, and Aboriginal Australians are a few of the societies explored in this extensive text.

Those Who Belong

Those Who Belong PDF

Author: Jill Doerfler

Publisher: MSU Press

Published: 2015-07-01

Total Pages: 329

ISBN-13: 1628952296

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Despite the central role blood quantum played in political formations of American Indian identity in the late nineteenth and twentieth centuries, there are few studies that explore how tribal nations have contended with this transformation of tribal citizenship. Those Who Belong explores how White Earth Anishinaabeg understood identity and blood quantum in the early twentieth century, how it was employed and manipulated by the U.S. government, how it came to be the sole requirement for tribal citizenship in 1961, and how a contemporary effort for constitutional reform sought a return to citizenship criteria rooted in Anishinaabe kinship, replacing the blood quantum criteria with lineal descent. Those Who Belong illustrates the ways in which Anishinaabeg of White Earth negotiated multifaceted identities, both before and after the introduction of blood quantum as a marker of identity and as the sole requirement for tribal citizenship. Doerfler’s research reveals that Anishinaabe leaders resisted blood quantum as a tribal citizenship requirement for decades before acquiescing to federal pressure. Constitutional reform efforts in the twenty-first century brought new life to this longstanding debate and led to the adoption of a new constitution, which requires lineal descent for citizenship.

Making Indian Law

Making Indian Law PDF

Author: Christian W. McMillen

Publisher: Yale University Press

Published: 2008-10-01

Total Pages: 305

ISBN-13: 0300135238

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In 1941, a groundbreaking U.S. Supreme Court decision changed the field of Indian law, setting off an intellectual and legal revolution that continues to reverberate around the world. This book tells for the first time the story of that case, United States, as Guardian of the Hualapai Indians of Arizona, v. Santa Fe Pacific Railroad Co., which ushered in a new way of writing Indian history to serve the law of land claims. Since 1941, the Hualapai case has travelled the globe. Wherever and whenever indigenous land claims are litigated, the shadow of the Hualapai case falls over the proceedings. Threatened by railroad claims and by an unsympathetic government in the post - World War I years, Hualapai activists launched a campaign to save their reservation, a campaign which had at its centre documenting the history of Hualapai land use. The book recounts how key individuals brought the case to the Supreme Court against great odds and highlights the central role of the Indians in formulating new understandings of native people, their property, and their past.

American Indians and National Forests

American Indians and National Forests PDF

Author: Theodore Catton

Publisher: University of Arizona Press

Published: 2016-03-24

Total Pages: 385

ISBN-13: 0816531994

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American Indians and National Forests tells the story of how the U.S. Forest Service and tribal nations dealt with sweeping changes in forest use, ownership, and management over the last century and a half. Indians and U.S. foresters came together over a shared conservation ethic on many cooperative endeavors; yet, they often clashed over how the nation’s forests ought to be valued and cared for on matters ranging from huckleberry picking and vision quests to road building and recreation development. Marginalized in American society and long denied a seat at the table of public land stewardship, American Indian tribes have at last taken their rightful place and are making themselves heard. Weighing indigenous perspectives on the environment is an emerging trend in public land management in the United States and around the world. The Forest Service has been a strong partner in that movement over the past quarter century.

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