James Robert Allison
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300206692
- eISBN:
- 9780300216219
- Item type:
- chapter
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300206692.003.0009
- Subject:
- Society and Culture, Native American Studies
The Introduction lays out the book’s central claim that, in the 1970s, energy tribes expanded their capacity to govern reservation resources and thus secured a belated recognition of their legal ...
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The Introduction lays out the book’s central claim that, in the 1970s, energy tribes expanded their capacity to govern reservation resources and thus secured a belated recognition of their legal authority to develop these assets. After first describing the antiquated legal structure that prevented tribes from controlling reservation development, the introduction highlights the transformative role the Northern Cheyenne played in halting mining projects threatening its community. This tribe also spearheaded a national movement to prepare similarly situated tribes to control energy development and to demand changes in federal law that recognized tribal sovereignty over reservation resources. The Introduction situates this story of expanding tribal sovereignty within American Indian historiography on the Indian self-determination policy, but shows how it provides a surprisingly missing explanation for how tribes reclaimed control over their resources. In addition, this work contributes to the literature in energy and environmental history by demonstrating how local actions to shape development emanated out to affect global resource flows and the national legal structures governing those resources.Less
The Introduction lays out the book’s central claim that, in the 1970s, energy tribes expanded their capacity to govern reservation resources and thus secured a belated recognition of their legal authority to develop these assets. After first describing the antiquated legal structure that prevented tribes from controlling reservation development, the introduction highlights the transformative role the Northern Cheyenne played in halting mining projects threatening its community. This tribe also spearheaded a national movement to prepare similarly situated tribes to control energy development and to demand changes in federal law that recognized tribal sovereignty over reservation resources. The Introduction situates this story of expanding tribal sovereignty within American Indian historiography on the Indian self-determination policy, but shows how it provides a surprisingly missing explanation for how tribes reclaimed control over their resources. In addition, this work contributes to the literature in energy and environmental history by demonstrating how local actions to shape development emanated out to affect global resource flows and the national legal structures governing those resources.
N. Bruce Duthu
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199735860
- eISBN:
- 9780199344994
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735860.003.0007
- Subject:
- Political Science, American Politics
The political theorist Duncan Ivison urged nation-states and indigenous groups to pursue what he called an “institutional design approach” to encourage dialogue between the parties on matters of ...
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The political theorist Duncan Ivison urged nation-states and indigenous groups to pursue what he called an “institutional design approach” to encourage dialogue between the parties on matters of mutual interest and concern. For Ivison, the intent is to facilitate the “circulation of power between authorities, rather than allowing its systematic unequal accumulation.” This chapter examines several of the most prominent legal and political institutional arrangements that have been or might be employed to mediate the varied and sometimes conflicting interests of the nation/state and tribal groups. These include continued reliance on (federal) statutory protections, amendments to the national constitution, and the revival of treaty making. Ultimately, this chapter rejects all of those models and urges the pursuit of a form of bilateral nation-building called conventions on tribal sovereignty, a mode of intergovernmental discourse founded on mutual respect and peaceful coexistence. This arrangement offers the best hope for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism.Less
The political theorist Duncan Ivison urged nation-states and indigenous groups to pursue what he called an “institutional design approach” to encourage dialogue between the parties on matters of mutual interest and concern. For Ivison, the intent is to facilitate the “circulation of power between authorities, rather than allowing its systematic unequal accumulation.” This chapter examines several of the most prominent legal and political institutional arrangements that have been or might be employed to mediate the varied and sometimes conflicting interests of the nation/state and tribal groups. These include continued reliance on (federal) statutory protections, amendments to the national constitution, and the revival of treaty making. Ultimately, this chapter rejects all of those models and urges the pursuit of a form of bilateral nation-building called conventions on tribal sovereignty, a mode of intergovernmental discourse founded on mutual respect and peaceful coexistence. This arrangement offers the best hope for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism.
James Robert Allison III
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780300206692
- eISBN:
- 9780300216219
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300206692.001.0001
- Subject:
- Society and Culture, Native American Studies
This book shows how American Indians fulfilled the promise of Indian self-determination by reclaiming control over reservation resources. During America’s 1970s quest for energy independence, tribes ...
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This book shows how American Indians fulfilled the promise of Indian self-determination by reclaiming control over reservation resources. During America’s 1970s quest for energy independence, tribes possessing valuable minerals resisted massive mining projects threatening their indigenous communities. They also launched a national campaign to improve their tribal governments’ capacity to manage reservation land. Working with federal agencies tasked with increasing domestic energy production, these groups created the Council of Energy Resource Tribes to educate tribal leaders and broker deals that could provide energy to the nation and revenue for the tribes. Unfortunately, an antiquated legal structure hindered tribal efforts at development. Progressive-Era laws embedded with notions of Indian inferiority – namely, the 1938 Indian Mineral Leasing Act – denied tribes the right to control reservation mining, placing this authority instead with unprepared federal agents. By the early 1980s, however, increasingly sophisticated tribes demanded the legal authority to match their newfound capacity. Working with industry representatives, federal officials, and members of Congress, energy tribes thus constructed a new legal regime – anchored by the 1982 Indian Mineral Development Act – that recognized tribal, not federal, control over reservation development. But importantly, these efforts to restructure federal law also reshaped Indian Country. As tribes altered their governments to better manage resources, intense internal debates erupted over whether these new forms of governance were culturally “authentic.” In the end, efforts to increase tribal capacity and secure legal authority over reservation resources produced both expanded sovereignty and deeply divided communities.Less
This book shows how American Indians fulfilled the promise of Indian self-determination by reclaiming control over reservation resources. During America’s 1970s quest for energy independence, tribes possessing valuable minerals resisted massive mining projects threatening their indigenous communities. They also launched a national campaign to improve their tribal governments’ capacity to manage reservation land. Working with federal agencies tasked with increasing domestic energy production, these groups created the Council of Energy Resource Tribes to educate tribal leaders and broker deals that could provide energy to the nation and revenue for the tribes. Unfortunately, an antiquated legal structure hindered tribal efforts at development. Progressive-Era laws embedded with notions of Indian inferiority – namely, the 1938 Indian Mineral Leasing Act – denied tribes the right to control reservation mining, placing this authority instead with unprepared federal agents. By the early 1980s, however, increasingly sophisticated tribes demanded the legal authority to match their newfound capacity. Working with industry representatives, federal officials, and members of Congress, energy tribes thus constructed a new legal regime – anchored by the 1982 Indian Mineral Development Act – that recognized tribal, not federal, control over reservation development. But importantly, these efforts to restructure federal law also reshaped Indian Country. As tribes altered their governments to better manage resources, intense internal debates erupted over whether these new forms of governance were culturally “authentic.” In the end, efforts to increase tribal capacity and secure legal authority over reservation resources produced both expanded sovereignty and deeply divided communities.
Sarah Deer
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780816696314
- eISBN:
- 9781452952338
- Item type:
- chapter
- Publisher:
- University of Minnesota Press
- DOI:
- 10.5749/minnesota/9780816696314.003.0003
- Subject:
- Society and Culture, Native American Studies
This chapter briefly reviews the history of Indian law and describes the complicated matrix of criminal jurisdiction in Indian country. From a perspective that privileges tribal sovereignty, it ...
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This chapter briefly reviews the history of Indian law and describes the complicated matrix of criminal jurisdiction in Indian country. From a perspective that privileges tribal sovereignty, it explains how mechanical intrusions into the realm of tribal authority and the resulting jurisdictional complexity has created real, practical gaps in the formal systems of justice, gaps that have allowed perpetrators to assault Native women with impunity. This chapter looks at how jurisdiction over criminal matters in regards to Native American has been switched between the Federal and state level. Neither of which succeeding in protecting Native women against violence.Less
This chapter briefly reviews the history of Indian law and describes the complicated matrix of criminal jurisdiction in Indian country. From a perspective that privileges tribal sovereignty, it explains how mechanical intrusions into the realm of tribal authority and the resulting jurisdictional complexity has created real, practical gaps in the formal systems of justice, gaps that have allowed perpetrators to assault Native women with impunity. This chapter looks at how jurisdiction over criminal matters in regards to Native American has been switched between the Federal and state level. Neither of which succeeding in protecting Native women against violence.
Bruce Duthu
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199735860
- eISBN:
- 9780199344994
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735860.001.0001
- Subject:
- Political Science, American Politics
American Indian tribes have long been recognized as “domestic, dependent nations” in the United States with powers of self-government that operate within the tribes’ sovereign territories. Yet, over ...
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American Indian tribes have long been recognized as “domestic, dependent nations” in the United States with powers of self-government that operate within the tribes’ sovereign territories. Yet, over the years, Congress, and more recently, the US Supreme Court, has steadily eroded these tribal powers. The erosion of tribal powers reflects the legacy of an imperialist impulse within the nation that operates to constrain or eliminate any political power that may compete with it. These developments have served to move the nation away from its formative commitments to a legally plural society, i.e. the idea that multiple nations and their legal systems can co-exist peacefully in shared territories. This book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation’s earliest years. It anticipates and redresses a number of objections - ideological, constitutional and institutional - that may impede the important work of revitalizing tribal systems of self-government. Ultimately, the book suggests that we employ conventions on tribal sovereignty, a model of bilateral nation-building, as the preferred institutional architecture to accommodate the competing social, cultural and legal interests between the Native and non-Native societies that cohabit our country.Less
American Indian tribes have long been recognized as “domestic, dependent nations” in the United States with powers of self-government that operate within the tribes’ sovereign territories. Yet, over the years, Congress, and more recently, the US Supreme Court, has steadily eroded these tribal powers. The erosion of tribal powers reflects the legacy of an imperialist impulse within the nation that operates to constrain or eliminate any political power that may compete with it. These developments have served to move the nation away from its formative commitments to a legally plural society, i.e. the idea that multiple nations and their legal systems can co-exist peacefully in shared territories. This book argues for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism that operated in the nation’s earliest years. It anticipates and redresses a number of objections - ideological, constitutional and institutional - that may impede the important work of revitalizing tribal systems of self-government. Ultimately, the book suggests that we employ conventions on tribal sovereignty, a model of bilateral nation-building, as the preferred institutional architecture to accommodate the competing social, cultural and legal interests between the Native and non-Native societies that cohabit our country.
N. Bruce Duthu
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199735860
- eISBN:
- 9780199344994
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735860.003.0001
- Subject:
- Political Science, American Politics
Situating the claims of tribal governments for more robust forms of inherent sovereign authority within the discourse of legal pluralism necessarily requires us to address fundamental questions about ...
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Situating the claims of tribal governments for more robust forms of inherent sovereign authority within the discourse of legal pluralism necessarily requires us to address fundamental questions about the nature of legitimate government, about political power and about respect for differences amongst societies and individuals. The answers to those fundamental questions will help determine whether we can manage to create and respect the juridical space for legally plural societies to operate effectively within a shared territory or whether we continue to force segments of our plural society - the Indian tribal nations - to subsist within the shadows of the omnipresent and dominant nation-state.Less
Situating the claims of tribal governments for more robust forms of inherent sovereign authority within the discourse of legal pluralism necessarily requires us to address fundamental questions about the nature of legitimate government, about political power and about respect for differences amongst societies and individuals. The answers to those fundamental questions will help determine whether we can manage to create and respect the juridical space for legally plural societies to operate effectively within a shared territory or whether we continue to force segments of our plural society - the Indian tribal nations - to subsist within the shadows of the omnipresent and dominant nation-state.
- Published in print:
- 2011
- Published Online:
- June 2013
- ISBN:
- 9780804772105
- eISBN:
- 9780804779074
- Item type:
- chapter
- Publisher:
- Stanford University Press
- DOI:
- 10.11126/stanford/9780804772105.003.0007
- Subject:
- Sociology, Education
Ethnocentrism is a curricular orientation in which the experiences and perspectives, the culture, and the identity of a particular group are centered as the point of reference and development. This ...
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Ethnocentrism is a curricular orientation in which the experiences and perspectives, the culture, and the identity of a particular group are centered as the point of reference and development. This chapter presents results from a statistical analysis of tribal and black college curricula, focusing in particular on the institutional, political, and legal forces that shape the composition of formal curricula at tribal colleges and universities (TCUs) and historically black colleges and universities (HBCUs). The chapter presents evidence that TCUs incorporate distinctively American Indian traditions and worldviews into the formal curriculum much more extensively than HBCUs incorporate African American content or perspectives. Tribal sovereignty plays a central role in the efforts of American Indians tribes to infuse culturally distinctive curricula at their own colleges and universities. African Americans, who lack sovereignty, have been much less successful at doing so.Less
Ethnocentrism is a curricular orientation in which the experiences and perspectives, the culture, and the identity of a particular group are centered as the point of reference and development. This chapter presents results from a statistical analysis of tribal and black college curricula, focusing in particular on the institutional, political, and legal forces that shape the composition of formal curricula at tribal colleges and universities (TCUs) and historically black colleges and universities (HBCUs). The chapter presents evidence that TCUs incorporate distinctively American Indian traditions and worldviews into the formal curriculum much more extensively than HBCUs incorporate African American content or perspectives. Tribal sovereignty plays a central role in the efforts of American Indians tribes to infuse culturally distinctive curricula at their own colleges and universities. African Americans, who lack sovereignty, have been much less successful at doing so.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0003
- Subject:
- Law, Constitutional and Administrative Law
This chapter explores the need of the newly formed union to establish a functioning republic and how this affected Native American Indian tribal sovereignty. It examines how the Constitutional ...
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This chapter explores the need of the newly formed union to establish a functioning republic and how this affected Native American Indian tribal sovereignty. It examines how the Constitutional Convention of 1787 rethought the structure of the federal government in relation to states, which includes the Indian tribes. This chapter also looks at how the newly formed Constitution affected tribal sovereignty and India law. It discusses the Iroquois Confederacy which adopted rules of governance in what became known as the Haudenosaunee Constitution, or the Great Law of Peace.Less
This chapter explores the need of the newly formed union to establish a functioning republic and how this affected Native American Indian tribal sovereignty. It examines how the Constitutional Convention of 1787 rethought the structure of the federal government in relation to states, which includes the Indian tribes. This chapter also looks at how the newly formed Constitution affected tribal sovereignty and India law. It discusses the Iroquois Confederacy which adopted rules of governance in what became known as the Haudenosaunee Constitution, or the Great Law of Peace.
Claudio Saunt
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195176315
- eISBN:
- 9780199788972
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195176315.003.0007
- Subject:
- History, Social History
In the era of Reconstruction, the Creek Nation pursued a policy of states' rights in order to defend its sovereignty against the federal government. The Creeks' conflation of states' rights and ...
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In the era of Reconstruction, the Creek Nation pursued a policy of states' rights in order to defend its sovereignty against the federal government. The Creeks' conflation of states' rights and tribal sovereignty poisoned relations with ex-slaves, who were increasingly marginalized in Indian Territory.Less
In the era of Reconstruction, the Creek Nation pursued a policy of states' rights in order to defend its sovereignty against the federal government. The Creeks' conflation of states' rights and tribal sovereignty poisoned relations with ex-slaves, who were increasingly marginalized in Indian Territory.
N. Bruce Duthu
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199735860
- eISBN:
- 9780199344994
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199735860.003.0008
- Subject:
- Political Science, American Politics
In situating tribal sovereignty within the discourse of legal pluralism, this book seeks to chart a pathway towards more respectful tribal-federal political relations that will acknowledge and ...
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In situating tribal sovereignty within the discourse of legal pluralism, this book seeks to chart a pathway towards more respectful tribal-federal political relations that will acknowledge and reaffirm a more robust and meaningful form of territorial sovereignty for Indian tribes. The examination identifies several potential obstacles - ideological, constitutional and institutional - that may stand in the way of this fuller expression of tribal sovereign power. Upon closer inspection, however, none of these potential obstacles were shown to be insuperable to this project. Ultimately, the book suggests that a form of bilateral nation-building - conventions on tribal sovereignty - offers the best hope for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism.Less
In situating tribal sovereignty within the discourse of legal pluralism, this book seeks to chart a pathway towards more respectful tribal-federal political relations that will acknowledge and reaffirm a more robust and meaningful form of territorial sovereignty for Indian tribes. The examination identifies several potential obstacles - ideological, constitutional and institutional - that may stand in the way of this fuller expression of tribal sovereign power. Upon closer inspection, however, none of these potential obstacles were shown to be insuperable to this project. Ultimately, the book suggests that a form of bilateral nation-building - conventions on tribal sovereignty - offers the best hope for redirecting the trajectory of tribal-federal relations to better reflect the formative ethos of legal pluralism.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0004
- Subject:
- Law, Constitutional and Administrative Law
This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and ...
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This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and their enduring legacy and challenges to the modern application of Indian law. It focuses on the issue of land acquisition and how this affects Indian tribal territory and sovereignty. It also discusses the role of cartography and translation in the possibility of harming and dispossessing indigenous people by comparing the situation of the Indian tribes to Ireland and the Middle East, both lands with indigenous people who were powerfully attached to landscape.Less
This chapter analyzes the following cases: Johnson v. McIntosh, Cherokee Nation v. Georgia, and Worcester v. Georgia. It examines how they established some of the basic principles of Indian law and their enduring legacy and challenges to the modern application of Indian law. It focuses on the issue of land acquisition and how this affects Indian tribal territory and sovereignty. It also discusses the role of cartography and translation in the possibility of harming and dispossessing indigenous people by comparing the situation of the Indian tribes to Ireland and the Middle East, both lands with indigenous people who were powerfully attached to landscape.
Lindsey N. Kingston
- Published in print:
- 2019
- Published Online:
- May 2019
- ISBN:
- 9780190918262
- eISBN:
- 9780190918293
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190918262.003.0007
- Subject:
- Political Science, International Relations and Politics, Democratization
The indigenous rights movement has embraced the idea of self-determination for framing their demands for economic, political, and cultural survival. Indeed, calls for tribal sovereignty problematize ...
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The indigenous rights movement has embraced the idea of self-determination for framing their demands for economic, political, and cultural survival. Indeed, calls for tribal sovereignty problematize the international community’s central focus on state governments for legitimizing human rights claimants. For communities such as the Onondaga Nation of Central New York, state membership comes second to the ties that bind one to an indigenous nation. (Indeed, the Onondaga Nation maintains a legally distinct territory just outside Syracuse, New York, and some members have rejected US citizenship in favor of tribe-issued passports.) While this chapter explores the historical trajectory leading to modern indigenous rights concerns—which include an ongoing process of cultural genocide—it focuses on how indigenous nations and tribal sovereignty challenge the reliance on state citizenship for recognizing personhood and claiming human rights. Calls for indigenous sovereignty offer alternative pathways for conceptualizing identification, legal status, and political membership.Less
The indigenous rights movement has embraced the idea of self-determination for framing their demands for economic, political, and cultural survival. Indeed, calls for tribal sovereignty problematize the international community’s central focus on state governments for legitimizing human rights claimants. For communities such as the Onondaga Nation of Central New York, state membership comes second to the ties that bind one to an indigenous nation. (Indeed, the Onondaga Nation maintains a legally distinct territory just outside Syracuse, New York, and some members have rejected US citizenship in favor of tribe-issued passports.) While this chapter explores the historical trajectory leading to modern indigenous rights concerns—which include an ongoing process of cultural genocide—it focuses on how indigenous nations and tribal sovereignty challenge the reliance on state citizenship for recognizing personhood and claiming human rights. Calls for indigenous sovereignty offer alternative pathways for conceptualizing identification, legal status, and political membership.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.001.0001
- Subject:
- Law, Constitutional and Administrative Law
This book is a chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's ...
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This book is a chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. The author offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. The author demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. The author argues that the Supreme Court has strayed from its constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a constitutional amendment that would reaffirm tribal sovereignty, the book asserts that the Indian tribes and Indian people be accorded the respect and dignity that are their due.Less
This book is a chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. The author offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. The author demonstrates that the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. The author argues that the Supreme Court has strayed from its constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a constitutional amendment that would reaffirm tribal sovereignty, the book asserts that the Indian tribes and Indian people be accorded the respect and dignity that are their due.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0001
- Subject:
- Law, Constitutional and Administrative Law
This introductory chapter briefly discusses the interactions between the Native American Indian tribes and the United States of America. It analyzes these encounters through the lens of four primary ...
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This introductory chapter briefly discusses the interactions between the Native American Indian tribes and the United States of America. It analyzes these encounters through the lens of four primary themes: commerce and land acquisition, diplomacy and war, cultural difference, and physical separation. The chapter also looks at how the United States Congress reacted to this increased cooperation by enacting laws to recognize tribal sovereignty, and how it disregarded this through the judiciary by citing landmark cases such as Lone Wolf v. Hitchcock. In addition, this chapter examines the role of past historical events in Indian law and affairs concerning the issue of tribal sovereignty, and looks into how these could help present matters.Less
This introductory chapter briefly discusses the interactions between the Native American Indian tribes and the United States of America. It analyzes these encounters through the lens of four primary themes: commerce and land acquisition, diplomacy and war, cultural difference, and physical separation. The chapter also looks at how the United States Congress reacted to this increased cooperation by enacting laws to recognize tribal sovereignty, and how it disregarded this through the judiciary by citing landmark cases such as Lone Wolf v. Hitchcock. In addition, this chapter examines the role of past historical events in Indian law and affairs concerning the issue of tribal sovereignty, and looks into how these could help present matters.
Thomas Grillot
- Published in print:
- 2018
- Published Online:
- September 2018
- ISBN:
- 9780300224337
- eISBN:
- 9780300235326
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300224337.001.0001
- Subject:
- History, American History: 20th Century
This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral ...
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This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral histories, the book demonstrates how the relationship between Native American tribes and the United States was reinvented in the years following World War I. During that conflict, 12,000 Native American soldiers served in the U.S. Army. They returned home to their reservations with newfound patriotism, leveraging their veteran cachet for political power and claiming all the benefits of citizenship—even supporting the termination policy that ended the U.S. government's recognition of tribal sovereignty.Less
This book depicts a forgotten history that explores how army veterans returning to reservation life after World War I transformed Native American identity. Drawing from archival sources and oral histories, the book demonstrates how the relationship between Native American tribes and the United States was reinvented in the years following World War I. During that conflict, 12,000 Native American soldiers served in the U.S. Army. They returned home to their reservations with newfound patriotism, leveraging their veteran cachet for political power and claiming all the benefits of citizenship—even supporting the termination policy that ended the U.S. government's recognition of tribal sovereignty.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of ...
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This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of Indian law and sovereignty. It enumerates the general legal and policy rationales that brought the Europeans into North America in the first place: papal edict, first discovery, sustained possession, voluntary self-subjection of native people, and armed conquest. It discusses the role of commerce and trade in colonization. It also compares the idea of ownership between the two communities and how this led to conflict. Additionally, the chapter describes how the Articles of Confederation of the colonies further strained relations with the tribes.Less
This chapter examines the early contact between European settlers and the Native American Indian tribes, and how these encounters played a role in establishing the foundation and early development of Indian law and sovereignty. It enumerates the general legal and policy rationales that brought the Europeans into North America in the first place: papal edict, first discovery, sustained possession, voluntary self-subjection of native people, and armed conquest. It discusses the role of commerce and trade in colonization. It also compares the idea of ownership between the two communities and how this led to conflict. Additionally, the chapter describes how the Articles of Confederation of the colonies further strained relations with the tribes.
Tiya Miles
- Published in print:
- 2015
- Published Online:
- September 2016
- ISBN:
- 9780520285637
- eISBN:
- 9780520961029
- Item type:
- chapter
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520285637.003.0011
- Subject:
- History, African-American History
This chapter traces the rebuilding of communities by the Shoeboots and other Cherokee families in the West, and the eventual disruption of the American Civil War that decimated Cherokee towns even ...
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This chapter traces the rebuilding of communities by the Shoeboots and other Cherokee families in the West, and the eventual disruption of the American Civil War that decimated Cherokee towns even while emancipating black slaves among Cherokees. The 1850s are often called the “Golden Age” of Cherokee history. In this period after removal and the political turmoil of its immediate aftermath, Cherokees managed to rebuild shining communities in the West, studded with farms, plantations, schools, salt mines, ferries, and mercantile shops. However, an ideological civil war soon erupted in Cherokee country, between pro-Confederate Cherokees and proneutrality Cherokees, who would soon redefine themselves as pro-Unionists. The Cherokee elite who had adopted slavery to demonstrate their level of civilization lost nearly all in their fight to maintain it. Enslaving people of African descent proved a miserable and ineffectual strategy for protecting tribal sovereignty.Less
This chapter traces the rebuilding of communities by the Shoeboots and other Cherokee families in the West, and the eventual disruption of the American Civil War that decimated Cherokee towns even while emancipating black slaves among Cherokees. The 1850s are often called the “Golden Age” of Cherokee history. In this period after removal and the political turmoil of its immediate aftermath, Cherokees managed to rebuild shining communities in the West, studded with farms, plantations, schools, salt mines, ferries, and mercantile shops. However, an ideological civil war soon erupted in Cherokee country, between pro-Confederate Cherokees and proneutrality Cherokees, who would soon redefine themselves as pro-Unionists. The Cherokee elite who had adopted slavery to demonstrate their level of civilization lost nearly all in their fight to maintain it. Enslaving people of African descent proved a miserable and ineffectual strategy for protecting tribal sovereignty.
