broken landscape indians indian tribes and the constitution

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Broken Landscape

Author : Frank Pommersheim
ISBN : 019970659X
Genre : Law
File Size : 27. 52 MB
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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.

From Recognition To Reconciliation

Author : Patrick Macklem
ISBN : 9781442628854
Genre : Constitutional law
File Size : 55. 25 MB
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In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.

Shadow Nations

Author : Bruce Duthu
ISBN : 9780199910687
Genre : Law
File Size : 54. 95 MB
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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.

Behind The Trail Of Broken Treaties

Author : Vine Deloria, Jr.
ISBN : 9780292789463
Genre : Social Science
File Size : 74. 45 MB
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Originally published in 1974, just as the Wounded Knee occupation was coming to an end, Behind the Trail of Broken Treaties raises disturbing questions about the status of American Indians within the American and international political landscapes. Analyzing the history of Indian treaty relations with the United States, Vine Deloria presents population and land ownership information to support his argument that many Indian tribes have more impressive landholdings than some small members of the United Nations. Yet American Indians are not even accorded status within the UN's trust territories recognition process. A 2000 study published by the Annual Survey of International and Comparative Law recommends that the United Nations offer membership to the Iroquois, Cherokee, Navajo, and other Indian tribes. Ironically, the study also recommends that smaller tribes band together to form a confederation to seek membership—a suggestion nearly identical to the one the United States made to the Delaware Indians in 1778—and that a presidential commission explore ways to move beyond the Doctrine of Discovery, under which European nations justified their confiscation of Indian lands. Many of these ideas appear here in this book, which predates the 2000 study by twenty-six years. Thus, Behind the Trail of Broken Treaties anticipates recent events as history comes full circle, making the book imperative reading for anyone wishing to understand the background of the movement of American Indians onto the world political stage. In the quarter century since this book was written, Indian nations have taken great strides in demonstrating their claims to recognized nationhood. Together with Tribes, Treaties, and Constitutional Tribulations, by Deloria and David E. Wilkins, Behind the Trail of Broken Treaties highlights the historical events that helped bring these changes to fruition. At the conclusion of Behind the Trail of Broken Treaties, Deloria states: "The recommendations made in the Twenty Points and the justification for such a change as articulated in the book may well come to pass in our lifetime." Now we are seeing his statement come true.

Recognition Sovereignty Struggles And Indigenous Rights In The United States

Author : Amy E. Den Ouden
ISBN : 9781469602172
Genre : Social Science
File Size : 50. 99 MB
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This engaging collection surveys and clarifies the complex issue of federal and state recognition for Native American tribal nations in the United States. Den Ouden and O'Brien gather focused and teachable essays on key topics, debates, and case studies. Written by leading scholars in the field, including historians, anthropologists, legal scholars, and political scientists, the essays cover the history of recognition, focus on recent legal and cultural processes, and examine contemporary recognition struggles nationwide. Contributors are Joanne Barker (Lenape), Kathleen A. Brown-Perez (Brothertown), Rosemary Cambra (Muwekma Ohlone), Amy E. Den Ouden, Timothy Q. Evans (Haliwa-Saponi), Les W. Field, Angela A. Gonzales (Hopi), Rae Gould (Nipmuc), J. Kehaulani Kauanui (Kanaka Maoli), K. Alexa Koenig, Alan Leventhal, Malinda Maynor Lowery (Lumbee), Jean M. O'Brien (White Earth Ojibwe), John Robinson, Jonathan Stein, Ruth Garby Torres (Schaghticoke), and David E. Wilkins (Lumbee).

The People Are Dancing Again

Author : Charles Wilkinson
ISBN : 9780295802015
Genre : History
File Size : 70. 65 MB
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The history of the Siletz is in many ways the history of all Indian tribes in America: a story of heartache, perseverance, survival, and revival. It began in a resource-rich homeland thousands of years ago and today finds a vibrant, modern community with a deeply held commitment to tradition. The Confederated Tribes of Siletz Indians�twenty-seven tribes speaking at least ten languages�were brought together on the Oregon Coast through treaties with the federal government in 1853�55. For decades after, the Siletz people lost many traditional customs, saw their languages almost wiped out, and experienced poverty, killing diseases, and humiliation. Again and again, the federal government took great chunks of the magnificent, timber-rich tribal homeland, a reservation of 1.1 million acres reaching a full 100 miles north to south on the Oregon Coast. By 1956, the tribe had been �terminated� under the Western Oregon Indian Termination Act, selling off the remaining land, cutting off federal health and education benefits, and denying tribal status. Poverty worsened, and the sense of cultural loss deepened. The Siletz people refused to give in. In 1977, after years of work and appeals to Congress, they became the second tribe in the nation to have its federal status, its treaty rights, and its sovereignty restored. Hand-in-glove with this federal recognition of the tribe has come a recovery of some land--several hundred acres near Siletz and 9,000 acres of forest--and a profound cultural revival. This remarkable account, written by one of the nation�s most respected experts in tribal law and history, is rich in Indian voices and grounded in extensive research that includes oral tradition and personal interviews. It is a book that not only provides a deep and beautifully written account of the history of the Siletz, but reaches beyond region and tribe to tell a story that will inform the way all of us think about the past. Watch the book trailer: https://www.youtube.com/watch?v=NEtAIGxp6pc

The Indian Civil Rights Act At Forty

Author : Kristen A. Carpenter
ISBN : 0935626670
Genre : Literary Collections
File Size : 27. 97 MB
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Literary Nonfiction. Native American Studies. Edited by Kristen A. Carpenter, Matthew L.M. Fletcher, and Angela R. Riley. Congress passed the Indian Civil Rights Act of 1968 (ICRA) to address civil rights in Indian country. ICRA extended select, tailored provisions of the Bill of Rights—including equal protection, due process, free speech and religious exercise, criminal procedure, and property rights—to tribal governments. But, with the exception of the writ of habeas corpus, Congress did not establish a federal enforcement mechanism for violations of the Act, nor did it abrogate tribal sovereign immunity. Thus, ICRA has been interpreted and enforced almost exclusively by Indian tribes and their courts. This collection of essays, gathered on the fortieth anniversary of ICRA, provides for the first time a summary and critical analysis of how Indian tribes interpret and apply these important civil rights provisions in our contemporary world. The authors have found that, while informed by ICRA and the dominant society's conception of individual rights, Indian nations are ultimately adapting and interpreting ICRA in ways consistent with their own tribal traditions and beliefs. In some respects, ICRA parallels the broader experiences of tribes over the past forty years—a period of growth, revitalization, and self-determination for many Indian nations.

Journal Of American Indian Education

Author :
ISBN : UCR:31210024020602
Genre : Indians of North America
File Size : 85. 77 MB
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The Rights Of Indians And Tribes

Author : Stephen L. Pevar
ISBN : 9780199913435
Genre : Law
File Size : 85. 25 MB
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The Rights of Indians and Tribes, first published in 1983, has sold over 100,000 copies and is the most popular resource in the field of Federal Indian Law. The book, which explains this complex subject in a clear and easy-to-understand way, is particularly useful for tribal advocates, government officials, students, practitioners of Indian law, and the general public. Numerous tribal leaders highly recommend this book. Incorporating a user-friendly question-and-answer format, The Rights of Indians and Tribes addresses the most significant legal issues facing Indians and Indian tribes today, including tribal sovereignty, the federal trust responsibility, the regulation of non-Indians on reservations, Indian treaties, the Indian Civil Rights Act, the Indian Gaming Regulatory Act, and the Indian Child Welfare Act. This fully-updated new edition features an introduction by John Echohawk, Executive Director of the Native American Rights Fund.

Native New Yorkers

Author : Evan T. Pritchard
ISBN : 1571781072
Genre : History
File Size : 58. 86 MB
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A comprehensive and fascinating account of the graceful Algonquin civilization that once flourished in the area that is now New York.

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