Download or read book Early Native American Tribal Sovereignty Supreme Court Decisions written by Robert Dittmer and published by . This book was released on 2019-03-21 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Download or read book Native American Tribal Sovereignty Supreme Court Decisions written by Robert Dittmer and published by Createspace Independent Publishing Platform. This book was released on 2016-02-14 with total page 828 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a collection of the supreme court's decisions involving Native American Tribes and Tribal Sovereignty on Reservations. Supreme court decisions are in the public domain and are freely available at such websites as supreme.justia.com and law.cornell.edu

Download or read book Native American Sovereignty on Trial written by Bryan H. Wildenthal and published by Bloomsbury Publishing USA. This book was released on 2003-04-24 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book American Indian Sovereignty and the U S Supreme Court written by David E. Wilkins and published by University of Texas Press. This book was released on 2010-01-01 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Crow Dog s Case written by Sidney L. Harring and published by Cambridge University Press. This book was released on 1994-02-25 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.

Download or read book American Indian Sovereignty and Law written by Wade Davies and published by Scarecrow Press. This book was released on 2009-02-04 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Rulings of the U S Supreme Court as They Affect the Powers and Authorities of the Indian Tribal Governments written by United States. Congress. Senate. Committee on Indian Affairs (1993- ) and published by . This book was released on 2002 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book In the Courts of the Conquerer written by Walter Echo-Hawk and published by Fulcrum Publishing. This book was released on 2018-03-26 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.

Download or read book Native Americans and the Supreme Court written by M. T. Henderson and published by Edward Elgar Publishing. This book was released on 2022-11-11 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

Download or read book Broken Landscape written by Frank Pommersheim and published by Oxford University Press. This book was released on 2009-09-02 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Native American Sovereignty written by John R. Wunder and published by Routledge. This book was released on 2004-11-23 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book A Narrative of Sovereignty written by Sarah Krakoff and published by . This book was released on 2006 with total page 95 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the last thirty years the Supreme Court has been adjusting the boundaries of American Indian tribal sovereignty. Some cases affirm tribal inherent powers, but recently the trend has been to limit those powers. Yet neither the Court nor the Congress, which can reverse Supreme Court decisions on questions of tribal sovereignty, has been informed about how these alterations to tribal powers actually affect American Indian tribes on the ground. This article provides that information by examining the interplay between Supreme Court decisions and the Navajo Nation's exercise of its sovereign governmental powers from 1970-2003. In the categories of general civil powers, taxation, and criminal jurisdiction, the Navajo Nation has responded creatively to the recognition, and even the retraction, of its sovereignty. The picture that emerges is one of a nation hard at work, attempting to meet the needs of its people. It is a story of adaptation and resistance, which allows a distinct Navajo political and cultural life to continue. The story deepens our understanding of the unique experience of sovereignty in the American Indian context, which includes the ongoing process of adapting to the external laws of the United States. Yet the study also reveals the ways in which the Navajo Nation is stymied by some of the Court's decisions. Employment and consumer protections, economic development, and even more fundamentally, peace and security are threatened by the Court's categorical divestment of tribal powers over non-members. The findings of this article suggest that policy makers in all branches of government should consider restoring at least some of these tribal inherent powers. Yet the Supreme Court seems poised to consider doing just the opposite. Taking the final step in extinguishing the legal doctrine of tribal sovereignty could well wipe out the best chance for American Indian cultural survival. At a minimum, this article suggests that decision should not be made without full knowledge of its implications.

Download or read book The Supreme Court and Tribal Gaming written by Ralph A. Rossum and published by University Press of Kansas. This book was released on 2011-04-27 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Cabazon Band of Mission Indians-a small tribe of only 25 members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians, the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.

Download or read book Reading American Indian Law written by Grant Christensen and published by Cambridge University Press. This book was released on 2019-12-12 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.

Download or read book Law and the American Indian written by Monroe E. Price and published by Charlottesville, Va. : Michie Company. This book was released on 1983 with total page 902 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Indian Civil Rights Act written by United States Commission on Civil Rights and published by . This book was released on 1991 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: