Tribes, Treaties, and Constitutional Tribulations / / Vine Deloria, David E. Wilkins.

• Superior document: Title is part of eBook package: De Gruyter University of Texas Press eBook-Package Backlist 2000-2013
• VerfasserIn: Deloria, Vine,; Wilkins, David E.,
• Place / Publishing House: Austin : : University of Texas Press, , [2021]; ©2000
• Year of Publication: 2021
• Language: English
• Physical Description: 1 online resource (221 p.)

"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.

Table of Contents

Frontmatter -- CONTENTS -- Introduction -- CHAPTER I. Europeans and the New World -- CHAPTER II. The Articles of Confederation -- CHAPTER III. The Constitution and American Indian Tribes -- CHAPTER IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government -- CHAPTER V. The Historical Development of Constitutional Clauses -- CHAPTER VI. The Constitutional Amendments -- CHAPTER VII. The Later Constitutional Amendments -- CHAPTER VIII. The Status of Indian Tribes and the Constitution -- Notes -- References -- Index of Cases -- General Index