American Indians And State Law

American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.

A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.

The first social history of American Indians' role in the making of American law sheds new light on Native American struggles for sovereignty and justice during the "century of dishonor," a time when their lands were lost and their tribes reduced to reservations.

In 1959, the Supreme Court ushered in a new era of Indian law, which recognizes Indian tribes as permanent governments within the federal constitutional system and, on the whole, honors old promises to the Indians. Drawing together historical sources such as the records of treaty negotiations with the Indians, classic political theory on the nature of sovereignty, and anthropological studies of societal change, Wilkinson evaluates the Court's work in Indian law over the past twenty five years and considers the effects of time on law.

This second edition keeps pace with legal developments in policy, federal law, and court decisions, while it continues to fill a unique niche as a primary and secondary text for courses in the field. Updates are provided for key developments such as the recent U.S. Supreme Court decision on tribal sovereign immunity and the release of the U.S. Bureau of Indian Affairs Guidelines on the interpretation of the Indian Child Welfare Act. A new chapter on Ethics and Professional Responsibility in Indian Law Practice is included. -- from publisher's website.

Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.

Major questions have always existed concerning the role and status of Indian tribes and Indian peoples within the fabric of life in the United States. There is a relatively consistent body of law whose origins flow from precolonial America to the present day. This body of law is neither well-known nor well-understood by the American Public. Federal Indian law - or, more accurately, United States constitutional law concerning Indian tribes and individuals - is unique and separate from the rest of American jurisprudence. Analogies to general constitutional law, civil right law, public land law, and the like are misleading and often erroneous. Indian law is distinct. It encompassed Western European international law, specific provisions of the United States Constitution, precolonial treaties, treaties of the United States, an entire volume of the United States Code, and numerous decisions of the United States Supreme Court and lower federal courts.The nature of the federal, state, and tribal relationship was defined in a highly politicized setting, when the Supreme Court of the United States, led by chief Justice John Marshall, struck down an entire series of state statutes violative of tribal-state and tribal-federal relations. These cases established the principles that Indian tribes possessed sovereignty over their members and territory and that the federal government protects tribal sovereignty, land, and resources from states and non-Indian interests.The Supreme Court of the United States has specifically addressed the issue of whether specialized treatment of Indians by the federal government is unconstitutional racial discrimination. The clear answer of the Court was that it is not. For the purpose of dealing with the federal government, Indian tribes are not racial groupings but rather political groupings - governments.This directory provides a unique source of information on the land areas controlled by these governments that many citizens do not even realize exist.