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American Indians and the Law
Download PDF American Indians and the Law
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Audible Audiobook
Listening Length: 9 hours and 52 minutes
Program Type: Audiobook
Version: Unabridged
Publisher: Recorded Books
Audible.com Release Date: June 22, 2010
Whispersync for Voice: Ready
Language: English, English
ASIN: B003TPCT1Q
Amazon Best Sellers Rank:
This book tells the story of how our governent, its legilative bodies and Supreme Court, has dealt with the Indian population whose land we claimed by way of "The Discovery Doctrine." The story is not an easy read because it demonstrates our discomfort in living into American ideals, but the clarity with which Bruce Duthu writes invites the reader to stay with it and possibly finds ways to address in our own time the inconsistencies and the damages our government has wrought.
I chose "American Indians and the Law" as a follow-up for another in the Viking/Penguin series ("The Cherokee Nation and the Trail of Tears"). Both are well worth reading. They leave me with the question--is it a comfort or a sorrow to learn that politics have often twisted justice throughout the history of the United States?
The author has presented a very reasonable and well-documented view of the legal challengess faced by Native Americans when trying to maintain their tribal identities and sovereign rights within the restraints of state and federal laws as legislated and as interpreted by the courts, the U.S. Supreme Court in particular. This is a must read for anyone who has an interest in this aspect of our history and concerns about the future direction this nation may take with regard to the legal status and rights of Native Americans in our democratic society.
I learned that tribal legal status began as sovereign [self-government] that differed from that of other cultural groups predating the establishment of the US. In Johnson v McIntosh (1823), the Supreme Court applied the 'discovery doctrine' meaning that American Indians became guests in their ancestral lands. Later in that century, Congress subsumed American Indian sovereignty into the scope of national power. Johnson v McIntosh is the most important Indian rights opinion ever issued by any court of law in the United States (73)." Although American Indians became citizens (1924), they remained subject to the authority of Congress. The persistence of racism appears in many Indian cases and policies.
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