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Tribes, Treaties, and Constitutional Tribulations
 
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Tribes, Treaties, and Constitutional Tribulations [Paperback]

Vine Jr. Deloria (Author), David E. Wilkins (Author)
4.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

0292716087 978-0292716087 2000

"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.


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Editorial Reviews

From Library Journal

Prominent American Indian activist Deloria, a Standing Rock Sioux, joins with Wilkins (American Indian studies and political science, Univ. of Minnesota) to deliver a shocking indictment of American constitutional law as it regards American Indians. In tracing Euro-American relations with Indians from the "discovery" of the New World to the present day, the authors demonstrate that legal and political definitions of Indian sovereignty and rights have been, and still are, incoherent and inconsiderate. As a result, the brief mentions of Indians in the U.S. Constitution have not been adequately defined in legal or moral terms, and no one has considered how current Indian nations fit into the American constitutional framework. The authors' structured discussion works well. But while theirs is a much-needed historical work, it misses being a thorough legal analysis of the many U.S. Supreme Court decisions that have stripped away even the slimmest constitutional guarantees. A very readable popular work that is perhaps not best suited for legal research.
-Steven Anderson, Gordon Feinblatt Rothman Hoffberger & Hollander, Towson, MD
Copyright 2000 Reed Business Information, Inc.

Review

"This book is unique in its thorough analysis of the entire Constitution as it relates to Indian tribes." oRebecca Tsosie, Professor of Law and Executive Director of the Indian Legal Program, Arizona State University

Product Details

  • Paperback: 221 pages
  • Publisher: University of Texas Press (2000)
  • Language: English
  • ISBN-10: 0292716087
  • ISBN-13: 978-0292716087
  • Product Dimensions: 8.9 x 5.9 x 0.5 inches
  • Shipping Weight: 11.2 ounces (View shipping rates and policies)
  • Average Customer Review: 4.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #106,905 in Books (See Top 100 in Books)

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8 of 8 people found the following review helpful:
4.0 out of 5 stars A good starting place for the interested novice, October 2, 2002
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This review is from: Tribes, Treaties, and Constitutional Tribulations (Paperback)
This book is a good starting place for those just entering the world of Tribal Law. This a college freshman level book. Not for heavy-duty legal scholars. I like it because it shows the clear lineage of Treaties, the Constitution, and key US Supreme Court decisions from the earliest days (Colonial days) to now.
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