Hardback
Native Americans and the Supreme Court
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.
More Information
Critical Acclaim
Contents
More Information
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.
This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues.
Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.
This book describes several of the most famous Supreme Court cases impacting the course of Native American history. The author provides an analysis of canonical American Indian Law cases with historical and legal context and brings a fresh perspective to the issues.
Law students, policy makers and judges looking for an introduction to American Indian Law will gain an understanding of this complicated history. This exploration will also appeal to academics interested in a new perspective on old and current cases.
Critical Acclaim
‘In this extraordinary book, Todd Henderson brings to life in a way never previously achieved the complex and fascinating history of what he describes as the American Indian Constitution. Focusing on seven Supreme Court decisions, Henderson addresses such compelling questions as whether Native Americans have rights to their land, and whether, and if so how, the United States Constitution applies to Indians on their own lands. This is a lively and important work of scholarship.’
– Geoffrey R. Stone, The University of Chicago, US
– Geoffrey R. Stone, The University of Chicago, US
Contents
Contents: Introduction: The American Indian Constitution 1. What rights do Indians have to land? Tee-Hit-Ton Indians v United States (1955) 2. What civil authority do Indians have over non-Indians? Williams v. Lee (1959) 3. What rights do Indians have under treaties? Menominee Tribe v. United States (1968) 4. Is “Indian” a race? Morton v. Mancari (1974) 5. What criminal authority do Indians have over non-Indians? Oliphant v. Suquamish Indian Tribe (1978) 6. Does the Bill of Rights apply to Indians? Santa Clara Pueblo v. Martinez (1978) 7. What is the scope of Indian sovereignty? Montana v. United States (1981) 8. What is the future of Indian law at the Supreme Court? McGirt v. Oklahoma (2020) 9. The role of ideology Conclusion: can bells be unrung? Index
