American Indian Sovereignty and the U.S. Supreme Court: The Masking of JusticeUniversity of Texas Press, 01 հնվ, 2010 թ. - 421 էջ "Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism. |
From inside the book
Արդյունքներ 84–ի 1-ից 5-ը:
... Congress still adhere to the historically and constitutionally inaccurate idea that places tribes in a subservient political/legal position to the federal and sometimes even the state governments.30 From the beginning of its relations ...
... Congress to "regulate commerce with foreign nations . . . states . . . and with the Indian tribes." This Commerce Clause is the only source of explicit power delegated to the Congress. Theoretically, the clause should not have extended ...
... Congress enacts Indian-specific legislation like the Indian Reorganization Act31 or when it enacts Indian preference laws which withstand reverse discrimination suits.32 This is an exclusively legislative power which the Congress may ...
... Congress is acting in a plenary way to preempt state intrusion into Indian Country, absent tribal consent, then it is properly exercising an enumerated constitutional power. However, when Congress is informed by a federal court that it ...
... Congress's oversight of commercial relations between tribal nations and the US. based on the Commerce Clause, meant that the federal government had exclusive authority to deal with tribal nations. In 1 789, the First Congress passed the ...
Բովանդակություն
1 | |
19 | |
The Era of Congressional Ascendancy over Tribes 18861903 | 64 |
The Era of Myths Citizenship Nomadism and Moral Progress | 118 |
The Era of Judicial Backlash and Land Claims | 186 |
The Era of the Imperial Judiciary | 235 |
Removing the Masks | 297 |
Cases Cited | 311 |
Supreme Court Justices Authoring the Fifteen Opinions Analyzed | 316 |
Notes | 319 |
Glossary | 365 |
References | 379 |
Index | 391 |