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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.
- Sales Rank: #487355 in Books
- Published on: 2000-01-01
- Original language: English
- Number of items: 1
- Dimensions: 9.02" h x .47" w x 5.98" l, .67 pounds
- Binding: Paperback
- 221 pages
From Library Journal
Prominent American Indian activist Deloria, a Standing Rock Sioux, joins with Wilkins (American Indian studies and political science, Univ. of Minnesota) to deliver a shocking indictment of American constitutional law as it regards American Indians. In tracing Euro-American relations with Indians from the "discovery" of the New World to the present day, the authors demonstrate that legal and political definitions of Indian sovereignty and rights have been, and still are, incoherent and inconsiderate. As a result, the brief mentions of Indians in the U.S. Constitution have not been adequately defined in legal or moral terms, and no one has considered how current Indian nations fit into the American constitutional framework. The authors' structured discussion works well. But while theirs is a much-needed historical work, it misses being a thorough legal analysis of the many U.S. Supreme Court decisions that have stripped away even the slimmest constitutional guarantees. A very readable popular work that is perhaps not best suited for legal research.
-Steven Anderson, Gordon Feinblatt Rothman Hoffberger & Hollander, Towson, MD
Copyright 2000 Reed Business Information, Inc.
Review
"This book is unique in its thorough analysis of the entire Constitution as it relates to Indian tribes." (Rebecca Tsosie, Professor of Law and Executive Director of the Indian Legal Program, Arizona State University)
Review
"This book is unique in its thorough analysis of the entire Constitution as it relates to Indian tribes." (Rebecca Tsosie, Professor of Law and Executive Director of the Indian Legal Program, Arizona State University)
Most helpful customer reviews
8 of 8 people found the following review helpful.
A good starting place for the interested novice
By Robert J Gagnon
This book is a good starting place for those just entering the world of Tribal Law. This a college freshman level book. Not for heavy-duty legal scholars. I like it because it shows the clear lineage of Treaties, the Constitution, and key US Supreme Court decisions from the earliest days (Colonial days) to now.
0 of 0 people found the following review helpful.
A great review of the history behind Federal-Tribal relations
By N.J.
Another classic book by Deloria. This book does an excellent job of documenting the evolution of Federal-Tribal relations, but doesn't fully follow through when positing a solution to high-level of dysfunction that exists in contemporary America (and has gotten worse since this book was published).
0 of 0 people found the following review helpful.
very good look at the treatment of American Indians by the ...
By Ivan L Hutton
Very, very good look at the treatment of American Indians by the US government & State governments in light of the Constitution, and especially, the Bill of Rights and the 13th, 14th, and 15th amendments. Well written for a book on US Constitution legal issues related to a specific minority group.
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