American Indians and state law : sovereignty, race, and citizenship, 1790-1880 / Deborah A. Rosen.

Format:

Book

Author/Creator:

Rosen, Deborah A., 1955-

Language:

English

Subjects (All):

Indians of North America--Legal status, laws, etc--History.

Indians of North America.

Indians of North America--Government relations--History.

Citizenship--United States--States--History.

Citizenship.

U.S. states--Race relations--History.

U.S. states.

States' rights (American politics)--History.

States' rights (American politics).

Citizenship--U.S. states.

Indians of North America--Government relations.

Indians of North America--Legal status, laws, etc.

U.S. states--Race relations.

United States.

Genre:

History.

Physical Description:

xvii, 340 pages ; 24 cm

Place of Publication:

Lincoln : University of Nebraska Press, ©2007.

Summary:

Publisher description: American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.

Contents:

Introduction: The colonial foundations of Indian policy

Tribal sovereignty and state jurisdiction

The state sovereignty argument for local regulation

Slavery, the law of nations, and racial classification

Indians and racial discrimination

Debating race, culture, and political status

State citizenship by legislative action

The politics of Indian citizenship

Conclusion: State law and direct rule over Indians

Appendix.

Notes:

Includes bibliographical references (pages 299-325) and index.

Local Notes:

Indian Rights Association Complimentary Collection.

Other Format:

Online version: Rosen, Deborah A., 1955- American Indians and state law.

ISBN:

9780803239685

0803239688

9780803227989

0803227981

OCLC:

137222805

Online:

Contributor biographical information

Publisher description