"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…mehr
"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.
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.
Inhaltsangabe
1. Introduction 2. Chapter I. Europeans and the New World 3. Chapter II. The Articles of Confederation 4. Chapter III. The Constitution and American Indian Tribes * The Federalist Papers * Explicit Clauses Dealing with Indians * Implicit Clauses Dealing with Indians 5. 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 6. Chapter V. The Historical Development of Constitutional Clauses * The Treaty-making Power * The Power to Regulate Commerce * The Property Clause * Miscellaneous Constitutional Clauses 7. Chapter VI. The Constitutional Amendments 8. The Bill of Rights 9. The First Amendment: The Establishment of Religion 10. The First Amendment: The Free Exercise Clause * The Lyng Decision * The Smith Decision 11. The First Amendment: Freedoms of Speech and Assembly 12. The Fourth Amendment: Search and Seizure 13. The Fifth Amendment: Double Jeopardy 14. The Fifth Amendment: Due Process 15. The Fifth Amendment: Just Compensation 16. The Sixth Amendment: Legal Counsel 17. 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 18. Chapter VIII. The Status of Indian Tribes and the Constitution 19. Notes 20. References 21. Index of Cases 22. General Index
1. Introduction 2. Chapter I. Europeans and the New World 3. Chapter II. The Articles of Confederation 4. Chapter III. The Constitution and American Indian Tribes * The Federalist Papers * Explicit Clauses Dealing with Indians * Implicit Clauses Dealing with Indians 5. 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 6. Chapter V. The Historical Development of Constitutional Clauses * The Treaty-making Power * The Power to Regulate Commerce * The Property Clause * Miscellaneous Constitutional Clauses 7. Chapter VI. The Constitutional Amendments 8. The Bill of Rights 9. The First Amendment: The Establishment of Religion 10. The First Amendment: The Free Exercise Clause * The Lyng Decision * The Smith Decision 11. The First Amendment: Freedoms of Speech and Assembly 12. The Fourth Amendment: Search and Seizure 13. The Fifth Amendment: Double Jeopardy 14. The Fifth Amendment: Due Process 15. The Fifth Amendment: Just Compensation 16. The Sixth Amendment: Legal Counsel 17. 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 18. Chapter VIII. The Status of Indian Tribes and the Constitution 19. Notes 20. References 21. Index of Cases 22. General Index
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