Tribes, Treaties, And Constitutional Tribulations / Edition 1

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"Federal Indian law . . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland."

In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.

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Editorial Reviews

Library Journal
Prominent American Indian activist Deloria, a Standing Rock Sioux, joins with Wilkins (American Indian studies and political science, Univ. of Minnesota) to deliver a shocking indictment of American constitutional law as it regards American Indians. In tracing Euro-American relations with Indians from the "discovery" of the New World to the present day, the authors demonstrate that legal and political definitions of Indian sovereignty and rights have been, and still are, incoherent and inconsiderate. As a result, the brief mentions of Indians in the U.S. Constitution have not been adequately defined in legal or moral terms, and no one has considered how current Indian nations fit into the American constitutional framework. The authors' structured discussion works well. But while theirs is a much-needed historical work, it misses being a thorough legal analysis of the many U.S. Supreme Court decisions that have stripped away even the slimmest constitutional guarantees. A very readable popular work that is perhaps not best suited for legal research.--Steven Anderson, Gordon Feinblatt Rothman Hoffberger & Hollander, Towson, MD Copyright 2000 Cahners Business Information.\
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Product Details

  • ISBN-13: 9780292716087
  • Publisher: University of Texas Press
  • Publication date: 1/1/2000
  • Edition description: 1 ED
  • Edition number: 1
  • Pages: 222
  • Sales rank: 1,318,089
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.47 (d)

Meet the Author

Vine Deloria, Jr. (1933–2005), a Standing Rock Sioux, was active in Indian legal and political affairs for several decades.

David E. Wilkins, a Lumbee, is Associate Professor of American Indian Studies and Political Science at the University of Minnesota.

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Table of Contents

Chapter I. Europeans and the New World
Chapter II. The Articles of Confederation
Chapter III. The Constitution and American Indian Tribes
The Federalist Papers
Explicit Clauses Dealing with Indians
Implicit Clauses Dealing with Indians
Chapter IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government
Indians and the Executive Branch
Indians and the Legislative Branch
Indians and the Judicial Branch
Chapter V. The Historical Development of Constitutional Clauses
The Treaty-making Power
The Power to Regulate Commerce
The Property Clause
Miscellaneous Constitutional Clauses
Chapter VI. The Constitutional Amendments
The Bill of Rights
The First Amendment: The Establishment of Religion
The First Amendment: The Free Exercise Clause
The Lyng Decision
The Smith Decision
The First Amendment: Freedoms of Speech and Assembly
The Fourth Amendment: Search and Seizure
The Fifth Amendment: Double Jeopardy
The Fifth Amendment: Due Process
The Fifth Amendment: Just Compensation
The Sixth Amendment: Legal Counsel
Chapter VII.
The Later Constitutional Amendments
The Thirteenth Amendment
The Fourteenth Amendment: Citizenship and Due Process
The Fifteenth Amendment
The Sixteenth Amendment
The Prohibition Amendments
The Twenty-sixth Amendment
Chapter VIII. The Status of Indian Tribes and the Constitution
Index of Cases
Ceneral Index
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