Tribes, Treaties, and Constitutional TribulationsUniversity of Texas Press, 28 iun. 2010 - 221 pagini "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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... established by its founding ancestral line . Nevertheless , in the course of national existence human memory fades and mythological interpretations of the beginnings of human society take hold in the popular imagination . Eventually the ...
... establish a body of international law . For centuries Europeans had lived with a makeshift edifice of political theory that fluctuated be- D tween a recognition of the divine right of kings and an ad- mission that dynastic struggles ...
... establishing favorable trading relationships with the south- eastern Indian tribes . Spain faced no competition in the ... established via a royal proclamation a boundary line running along the Allegheny Moun- tains beyond which English ...
... establish a right to the lands claimed by the Indians , by virtue of an implied con- quest , will require the constant employment of a large body of troops , or the utter extirpation of the indians [ sic ] . That circumstanced as they ...
... establish the paradigm that patterned all subsequent discussions of political unity and organization . The Articles of Confederation , drawn up and adopted in November 1777 , reflect the Albany proposal as tempered by the demand to ...
Cuprins
3 | |
13 | |
CHAPTER III | 21 |
CHAPTER IV | 32 |
CHAPTER V | 58 |
The Constitutional Amendments | 97 |
CHAPTER VII | 139 |
112 | 184 |
References | 191 |
Index of Cases | 197 |
General Index | 215 |
Alte ediții - Afișează-le pe toate
Tribes, Treaties, and Constitutional Tribulations Vine Deloria, Jr.,David E. Wilkins Previzualizare limitată - 2000 |
Tribes, Treaties, and Constitutional Tribulations Vine Deloria,David E. Wilkins Vizualizare fragmente - 2000 |
Tribes, Treaties, and Constitutional Tribulations Vine Deloria,David Eugene Wilkins Nu există previzualizare disponibilă - 1999 |