American Indians American Justice

Author: Vine Deloria, Jr.
Publisher: University of Texas Press
ISBN: 9780292738348
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Looks at how American Indians are using the courts to settle matters relating to self-determination, cultural preservation, lost land, and basic human rights

American Indian Sovereignty and the U S Supreme Court

Author: David E. Wilkins
Publisher: University of Texas Press
ISBN: 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.

Behind the Trail of Broken Treaties

Author: Vine Deloria, Jr.
Publisher: University of Texas Press
ISBN: 0292789467
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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.

Tribes Treaties and Constitutional Tribulations

Author: Vine Deloria, Jr.
Publisher: University of Texas Press
ISBN: 0292789459
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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.

Native American Justice

Author: Laurence French
Publisher: Rowman & Littlefield
ISBN: 9780830415755
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Tracing the history of U.S. Indian policy from the eighteenth century to the present, this book explores how the Euro-American ethos of Manifest Destiny fueled a devastating campaign of ethnic cleansing against Native Americans. After decimating the Indian population through organized massacres, the U.S. government forcibly removed the survivors from their homelands to live on reservations. Physical genocide gave way to attempts at cultural eradication through policies designed to Christianize and civilize the Indians. These policies included the traumatic separation of children from their families for indoctrination and abuse in remote boarding schools. Treaties and policies are linked to the concept of federal paternalism and its relationship to pervasive health and social problems endemic in Indian country, including substance abuse and addiction. The book is divided into three main parts. Part I covers the US government's treatment of Indians from the colonial era to the present. Part II describes how the Cherokees' aboriginal concept of blood vengeance gave way to justice models based on the Protestant ethic. Part II also discusses governmental restrictions of religious expression by Indians. Part III delves into the judicial system within Indian country, looking at tribal courts, the Navajo court system, law enforcement, and corrections. An epilogue covers the incompleteness of social justice in Indian country, as reflected in problems such as the misuse of Indian money by the federal government. A Burnham Publishers book

The Nations Within

Author: Vine Deloria, Jr.
Publisher: Pantheon
ISBN: 0307831841
Format: PDF, Kindle
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The message of The Nations Within is an urgent on, and should be read by anyone concerned with American Indian affairs today. “Those of us who try to understand what is happening in North American Indian communities have learned to see Vine Delora, Jr., both as an influential actor in the ongoing drama and also as its most knowledgeable interpreter. This new book on Indian self-rule is the most informative that I have seen in my own half-century of reading. Deloria and his co-author focus on John Collier’s struggle with both the U.S. Congress and the Indian tribes to develop a New Deal for Indians fifty years ago. It is a blow-by-blow historical account, perhaps unique in the literature, which may be the only way to show the full complexity of American Indian relations with federal and state governments. This makes it possible in two brilliant concluding chapters to clarify Indian points of view and to build onto initiatives that Indians have already taken to suggest which of these might be most useful for them to pursue. The unheeded message has been clear throughout history, but now we see how—if we let Indians do it their way—they might more quickly than we have imagined rebuild their communities.” —Sol Tax, Professor Emeritus of Anthropology, University of Chicago

Serving Their Country

Author: Paul C Rosier
Publisher: Harvard University Press
ISBN: 0674054520
Format: PDF, Mobi
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Over the twentieth century, American Indians fought for their right to be both American and Indian. In an illuminating book, Paul C. Rosier traces how Indians defined democracy, citizenship, and patriotism in both domestic and international contexts. Like African Americans, twentieth-century Native Americans served as a visible symbol of an America searching for rights and justice. American history is incomplete without their story.

American Indians and the Law

Author: N. Bruce Duthu
Publisher: Penguin
ISBN: 1101157917
Format: PDF, ePub, Mobi
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A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.

Policing American Indians

Author: Laurence Armand French
Publisher: CRC Press
ISBN: 1498705642
Format: PDF, Mobi
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Bias, prejudice, and corruption riddle the history of US jurisprudence. Policing American Indians: A Unique Chapter in American Jurisprudence explores these injustices, specifically the treatment of American Indians. A mix of academic research as well as field experience, this book draws on author Laurence French’s more than 40 years of experience with American Indian individuals and groups. It illustrates how, despite changes in the law to correct past injustices, a subculture of discrimination often persists in law enforcement, whether by a prosecutor or a street cop. The book provides specific examples of the role of police in extra-legal confrontations with American Indians, as well as examples of using the US military to police American Indians. It covers the ways in which US policy regarding American Indians has changed since the country’s birth, including recent changes in policy as a response to issues of national security following the terrorist attacks of September 11, 2001. Policing American Indians takes an interdisciplinary approach that includes criminology, sociology, anthropology, cultural psychology, and historical analysis of geopolitics. It challenges actual historical practices of the basic concepts of due process and justice for all espoused by the American criminal justice system. It also adds a nuanced cultural dimension to the history of policing in American history to give you a more detailed image of unjust behavior in the history of American criminal justice.