Tribes, treaties, and constitutional tribulations / Vine Deloria, Jr. & David E. Wilkins.

Format:

Book

Author/Creator:

Deloria, Vine, author.

Wilkins, David E. (David Eugene), 1954- author.

Language:

English

Subjects (All):

Indians of North America--Civil rights--History.

Indians of North America.

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

Constitutional history--United States.

Constitutional history.

Physical Description:

1 online resource (209 pages)

Place of Publication:

Austin, Texas : University of Texas Press, 2005.

Summary:

"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.

Contents:

Frontmatter

CONTENTS

Introduction

CHAPTER I. Europeans and the New World

CHAPTER II. The Articles of Confederation

CHAPTER III. The Constitution and American Indian Tribes

CHAPTER IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government

CHAPTER V. The Historical Development of Constitutional Clauses

CHAPTER VI. The Constitutional Amendments

CHAPTER VII. The Later Constitutional Amendments

CHAPTER VIII. The Status of Indian Tribes and the Constitution

Notes

References

Index of Cases

General Index

Notes:

Description based on print version record.

ISBN:

0-292-74923-6