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[Introduction To] Tribes, Treaties, And Constitutional Tribulations, Vine Deloria Jr., David E. Wilkins

Bookshelf

"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 …

The Indigenous Peoples Of The Usa: Issues And Challenges Of Native Americans, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Vine Deloria, Jr., the most important Indian chronicler of indigenous political, legal, and religious experience in the U.S. in the last thirty years, noted recently that Indian life, particularly the experience of reservation-based tribal peoples, "has only the slightest resemblance to the conditions of three decades ago, and the current situation has elements of hope and portents of disaster." This observation is even more realistic as we sit at the dawn of the new millennium. The 560 indigenous polities in the U.S.—374 Indian nations, tribes, bands, communities, and Pueblos in the lower 48 states; 226 are Alaska Native villages and …

Quit-Claiming The Doctrine Of Discovery: A Treaty-Based Reappraisal, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The discovery doctrine is one of the baseline legal concepts that has worked to seriously disadvantage the land rights of indigenous nations in the United States because it asserts, as one of its definitions, that the "discovering" European nations and their successor states, gained legal title to Indian lands in North America. The author argues, using comparative colonial and early American treaty, legislative, and other historical data, that this definition is a legal fiction. In historical reality, discovery was merely an exclusive and preemptive right that vested in the discovering state the right of first purchase.

Tribal-State Affairs: American States As 'Disclaiming' Sovereigns, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The history of tribal-state political relations has been contentious from the beginning of the republic. As a result of these tensions, the relationship of tribal nations and the federal government was federalized when the U.S. Constitution was ratified in 1788. Thus, a number of states, especially in the West, were required in their organic acts and constitutions to forever disclaim jurisdiction over Indian property and persons. This article analyzes these disclaimer clauses, explains the factors that have enabled the states to assume some jurisdictional presence in Indian Country, examines the key issues in which disclaimers continue to carry significant weight, …

Indigenous Nations And International Trade, Robert Berry

Librarian Publications

In an era where economic policy must be increasingly fashioned in global terms, the economies of Indigenous Nations in present-day Canada and the United States remain isolated from international commerce.These nations--once independent, now governed by a supervising state --in most cases cannot be said to enjoy evenan unhindered access to commerce within the states that surround them. Indeed, the insularity of the North American Indigenous Nations is a fundamental feature of their existence and, too, a formidable barrier to these nations' ability to establish vibrant and diversified economies.

This Note examines the central role that trade played in relations …

Chicana/Chicano Land Tenure In The Agrarian Domain: On The Edge Of A "Naked Knife", Guadalupe T. Lunda

Michigan Journal of Race and Law

Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and property, as guaranteed by the Treaty of Guadalupe Hidalgo, in the aftermath of the U.S.- Mexico War. Integrating an exploration of case law with political and social histories of the period, the Author explores the sociolegal significance of Chicana/Chicano land dispossession; exposes the racial, economic, and political motivations …

At Loggerheads : The State Of Maine And The Wabanaki : Final Report Of The Task Force On Tribal-State Relations, Maine Indian Tribal-State Commission

Maine Collection

At Loggerheads : The State of Maine and the Wabanaki : Final Report of the Task Force on Tribal-State Relations.

Maine Indian Tribal-State Commission. Task Force on Tribal-State Relations.

Hallowell, Me., 1997.

Contents: Prologue / Task Force on Tribal-State Relations / Executive Summary / A.Overview / B.Recommendations / C.The Maine Indian Claims Settlement / D.The Maine Indian Tribal-State Commission / E.Findings and Analysis / Appendices

Conquering The Cultural Frontier: The New Subjectivism Of The Supreme Court In Indian Law, David H. Getches

Publications

For a century and a half, the Supreme Court was faithful to a set of foundation principles respecting Indian tribal sovereignty. Though the United States can abrogate tribal powers and rights, it can only do so by legislation. Accordingly, the Court has protected reservations as enclaves for Indian self-government, preventing states from enforcing their laws and taxes, and holding that even federal laws could not be applied to Indians without congressional permission. Recently, however, the Court has assumed the job it formerly conceded to Congress, considering and weighing cases to reach results comporting with the Justices' subjective notions of what …

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson

Dalhousie Law Journal

The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.

"Constructing" Nation Within States: The Quest For Federal Recognition By The Catawba And Lumbee Tribes, Anne Merline Mcculloch, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Creating and in some cases re-creating viable tribal political communities within the construct of modern nation-state has proven to be a troublesome task for indigenous populations worldwide. The task for indigenous governments in the United States has been further complication by federalism's divisions of power between the states and the national government. Native American tribes often find themselves waging a two-front battle in which they must resist state encroachments over their lands and their inherent government authority; while at the same time they must lobby the federal government for protection of those same lands and powers.

History is replete with …

A Note About In The Rapids, Wendy Whitecloud

Dalhousie Law Journal

In The Rapids presents the views of the authors regarding First Nations people in Canada and the issues confronting them as individuals, within their nations, and within their communities. Mary Ellen Turpel and Ovide Mercredi are both First Nations Individuals. They share their own points of view and provide information with respect to these issues in their book. Throughout the book the authors share information by canvassing issues like the significance of Treaties to First Nations people; the provisions of the Indian Act and its effects on First Nations people; disputes over lands and resources; the social consequences of the …

The Cloaking Of Justice: The Supreme Court's Role In The Application Of Western Law To America's Indigenous Peoples, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The debate over which legal Indigenous Peoples should govern Native American political power and property rights, or even whether they should be protected by law at all, caused conflicts challenging the autonomy of the legal system and led to changes of the original principles of Indian rights. The outcome of that conflict raises two questions of federal Indian law. One is where its principles contributed to the survival of Native Americans in the United States; the other is whether the same legal principles are responsible for the perpetual inferiority of Natives Americans in their own land. More starkly, the question …

Who's In Charge Of U.S. Indian Policy?: Congress And The Supreme Court At Loggerheads Over American Indian Religious Freedom, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The federal government's three branches—executive, legislative, judicial, and that unwieldy mass known simply as "the bureaucracy" have, during the last half-decade—1987-1991—produced a dizzying crop of laws, policies, proclamations, regulations, and court decisions which have served simultaneously to 1) reaffirm tribal sovereignty; 2) permit and encourage greater state interference within Indian Country; 3) enhance federal legislative authority over tribes; and 4) deny constitutional free-exercise protections both to individual Indians and to tribes.

On the legislative side, Congress has established the experimental Tribal Self-Governance Demonstration Project which is a major step towards restoring the tribal right of self-determination, and is discussing the …

Indian Consent To American Government, Richard B. Collins

Publications

No abstract provided.

The Canons Of Indian Treaty And Statutory Construction: A Proposal For Codification, Jill De La Hunt

University of Michigan Journal of Law Reform

This Note argues that the canons of construction should play a central role in the interpretation of Indian treaties and statutes. The Note proposes revitalization of the canons through congressional action codifying the rules of construction into federal law. Part I traces the historical development of the canons to further the federal-Indian trust relationship. Part II analyzes recent Supreme Court decisions that demonstrate decreased use of the canons. Part III argues that strong canons of construction are necessary to the development of self-determining Indian tribes and proposes federal legislation to ensure the continued vitality and importance of the canons of …

Dial V. Navajo-Hopi Relocation Commission: Relocation Benefits

American Indian Law Review

No abstract provided.

Washington V. Washington State Commercial Passenger Fishing Vessel Assn., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Delaware Tribal Business Committee V. Weeks, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Antoine V. Washington, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Agreement At Fort Berthold, 1866 And Addenda., Charles J. Kappler, Newton Edmunds, Samuel R. Curtis, Orrin Guernsey, Henry W. Reed

US Government Documents related to Indigenous Nations

This 1904 reprint of the unratified treaty with the Arikara, Mandan, and Hidatsa, was reprinted as the Agreement at Fort Berthold, 1866, in vol. II of Charles Kappler’s Indian Affairs. Laws and Treaties. Originally signed on July 27, 1866, at Fort Berthold, Dakota Territory, this treaty and its Addenda were a set of agreements between the US government and representatives of the Arikara, Mandan, and Hidatsa Nations. In this document, the Arikara, Mandan, and Hidatsa agreed to cede a portion of their land on the east bank of the Missouri River and granted a right-of-way for roads through their …

Agreement With Certain Indians.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Agreement with the Kiowas, Apaches, and Comanches. 6 Feb. HR 1775, 53-3, v2, 3p. [3346] Land cessions in Oklahoma opposed by the Indians who thought the lands were not to be opened until 1898 (the expiration date of the 1868 treaty at Medicine Lodge); Choctaws and Chickasaws claim title to the land.

Appropriation For Fulfilling Treaty Stipulations With Various Indian Tribes.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Appropriation for Fulfilling Treaty Stipulations. 3 Feb. HR 2419,52-2, v2, 1p. [3141] For fiscal 1894; various tribes.

[Resolution Presented By Mr. Mitchell.]

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Resol. of Sen. Mitchell. 7 Jan. SMD 19, 52-2, v1 , 1p. [3064] Asks information on a treaty made 11 Aug. 1855 with various tribes inhabiting the coast of Oregon.

Publication And Distribution Of Public Documents. Communication From J. G. Ames, Superintendent Of Documents, Department Of The Interior, A. R. Spofford, Librarian Of Congress, And Spencer F. Baird, Secretary Of The Smithsonian Institution, In Compliance With A Resolution Of The House Of Representatives Relative To The Publication And Distribution Of Public Documents.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Publication and Distribution of Public Documents. [2115] Binding of copies of Durant's collection of revised Indian treaties (act of 20 June 1874).

The Public Domain. Its History, With Statistics, With References To The National Domain, Colonization, Acquirement Of Territory, The Survey, Administration And Several Methods Of Sale And Disposition Of The Public Domain Of The United States. With Sketch Of Legislative History Of The Land States And Territories, And References To The Land System Of The Colonies, And Also That Of Several Foreign Governments.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Report on the Public Domain. [2155-2158] Land laws, and land statistics; Indian reservations and Indian Territory; digest of relevant Indian treaties (Serial 2158).

Territory Of Oklahoma.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Report on a Territory of Oklahoma. 2 May. HR 61, 42-2, v1, 7p. [1528] Formation of a territorial government over the Indians in Indian Territory; need to civilize the Indians; Cong. has the power to violate treaties at any time.

Message From The President Of The United States, Transmitting A Statement Of Amounts Paid To Persons Concerned In Negotiating Indian Treaties Since 1829, &C..

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Message on Negotiations of Indian Treaties. 18 May. HD 210, 26-1, v6, 7p. [368] Statement of amounts paid to persons concerned with negotiating Indian treaties since 1829; list of treaty Com'rs.

Stereotype Laws United States.

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899

Report on Publishing Costs. 16 Jan. HR 47,20-2, vl, 17p. [190] Indian treaties, etc.