By David E. Wilkins
"Like the miner's canary, the Indian marks the shift from clean air to poison fuel in our political surroundings; and our therapy of Indians, much more than our remedy of alternative minorities, displays the increase and fall in our democratic faith," wrote Felix S. Cohen, an early specialist in Indian criminal affairs. during this e-book, David Wilkins charts the "fall in our democratic religion" via fifteen landmark circumstances within which the splendid courtroom considerably curtailed Indian rights. He bargains compelling facts that ideally suited courtroom justices selectively used precedents and proof, either ancient and modern, to reach at judgements that experience undermined tribal sovereignty, legitimated giant tribal land losses, sanctioned the diminishment of Indian non secular rights, and curtailed different rights in addition. those case studies--and their implications for all minority groups--make vital and troubling studying at a time whilst the excellent courtroom is on the vortex of political and ethical advancements which are redefining the character of yankee executive, remodeling the connection among the criminal and political branches, and changing the very which means of federalism.
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Extra resources for American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice
66 The pg 34 # 16 Name /T5723/T5723_CH02 05/24/01 06:03AM Plate # 0-Composite defining tribes, lands, sovereignty pg 35 # 17 35 former would have left the tribes with no enforceable interests whatsoever; the latter would have nulliﬁed state and federal grants derived from Indians. S. law preserved the legacy of 1,000 years of European racism and colonialism directed against nonwestern peoples. White society’s exercise of power over Indian tribes received the sanction of the Rule of Law in Johnson v.
Crook (1879), for example, a federal court held that Indians had the right to withdraw from their tribe—to expatriate from their nation and live apart—if they so desired. In sum, the coupling element for the above characteristics is that 2 Name /T5723/T5723_CH02 20 05/24/01 06:03AM Plate # 0-Composite american indian sovereignty and the supreme court tribal nations still have and exercise a measure of inherent sovereignty. There is, of course, a bewildering array of interpretations of the nature and extent of tribal sovereignty.
Name /T5723/T5723_CH01 12 05/24/01 06:03AM Plate # 0-Composite american indian sovereignty and the supreme court v. Clapox (1888). This decision involved a determination of the status of the federally created Courts of Indian Offenses (referred to by the acronym COF for the Code of Federal Regulations from which they sprang) that had been developed by the Bureau of Indian Affairs in 1883. These courts, manned by agent-appointed Indian judges, were charged with enforcing a Code of Federal Regulations designed to ‘‘civilize’’ and assimilate Indians by punishing tribal members who engaged in tribal dances, polygamy, traditional healing ceremonies, or any activity deemed ‘‘heathenish’’ by the local agent and the commissioner of Indian affairs.
American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice by David E. Wilkins