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Full-Text Articles in Social and Behavioral Sciences

[Introduction To] Tribes, Treaties, And Constitutional Tribulations, Vine Deloria Jr., David E. Wilkins Jan 1999

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

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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 …


The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins Jan 1999

The Reinvigoration Of The Doctrine Of Implied Repeals: A Requiem For Indigenous Treaty Rights, David E. Wilkins

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

America's indigenous nations occupy a distinctive political within the United States as separate sovereigns whose rights in the doctrine of inherent tribal sovereignty, affirmed in hundreds of ratified treaties and agreements, acknowledged in the Commerce the U.S. Constitution, and recognized in ample federal legislation case law. Ironically, while indigenous sovereignty is neither ally defined or delimited, it may be restricted or enhanced by One could argue, then, that indeterminacy or inconsistency of the tribal-federal political/legal relationship.


Racial And Ethnic Studies, Political Science And Mid-Wifery, Vine Deloria Jr., David E. Wilkins Jan 1999

Racial And Ethnic Studies, Political Science And Mid-Wifery, Vine Deloria Jr., David E. Wilkins

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

One of the major fallacies of Western civilization, according to Alfred North Whitehead,' was the propensity of Western thinkers to assume that ideas generated within their intellectual landscape were indicative of reality itself. Although some phases of Western science, notably physics and philosophy, have transcended their parochial origins, aspects of the old medieval synthesis still remain in the Western worldview. The gradual fragmentation of the old categories of natural history and theology into the isolated sciences and disciplines of today has produced a myriad of separate bodies of knowledge complete with their professional priesthoods and has allowed considerable slippage in …