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American Indian Sovereignty and the U.S. Supreme Court

2010-01-01 Social Science
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Release : 2010-01-01
Genre : Social Science
Kind : eBook
Book Rating : 001/5 ( reviews)

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Book Synopsis American Indian Sovereignty and the U.S. Supreme Court by : David E. Wilkins

Download or read book American Indian Sovereignty and the U.S. Supreme Court written by David E. Wilkins. This book was released on 2010-01-01. 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.

Uneven Ground

2001 Social Science
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Release : 2001
Genre : Social Science
Kind : eBook
Book Rating : 959/5 ( reviews)

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Book Synopsis Uneven Ground by : David Eugene Wilkins

Download or read book Uneven Ground written by David Eugene Wilkins. This book was released on 2001. Available in PDF, EPUB and Kindle. Book excerpt: In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.

Native American Sovereignty on Trial

2003-04-24 Social Science
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Release : 2003-04-24
Genre : Social Science
Kind : eBook
Book Rating : 253/5 ( reviews)

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Book Synopsis Native American Sovereignty on Trial by : Bryan H. Wildenthal

Download or read book Native American Sovereignty on Trial written by Bryan H. Wildenthal. This book was released on 2003-04-24. 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.

Native Americans and the Supreme Court

2022-11-11 Law
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Release : 2022-11-11
Genre : Law
Kind : eBook
Book Rating : 167/5 ( reviews)

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Book Synopsis Native Americans and the Supreme Court by : M. T. Henderson

Download or read book Native Americans and the Supreme Court written by M. T. Henderson. This book was released on 2022-11-11. 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.

American Indian Sovereignty and Law

2009-02-04 History
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Release : 2009-02-04
Genre : History
Kind : eBook
Book Rating : 360/5 ( reviews)

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Book Synopsis American Indian Sovereignty and Law by : Wade Davies

Download or read book American Indian Sovereignty and Law written by Wade Davies. This book was released on 2009-02-04. 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.

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