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By Bryan Wildenthal, Charles Zelden
Utilizing 5 significant proceedings, local American Sovereignty on Trial examines American Indian tribal governments and the way they relate to federal and kingdom governments lower than the U.S. structure. From the foundational U.S. best courtroom reviews of the 1830s, to the California kingdom Gaming Propositions of 1998 and 2000, the effect and legacy of those lawsuits are absolutely explored.The real textual content of key treaties, court docket judgements, and different felony records bearing on the 5 tribal controversies are featured and analyzed. sincerely provided, this extensive evaluate of crucial felony matters makes even the main tough and complicated judicial doctrines effortless to appreciate by way of scholars and nonlawyers. This concise quantity tracing the evolution of local American sovereignty will complement coursework in legislation, political technology, U.S. heritage, and American Indian stories.
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Extra info for Native American Sovereignty on Trial: A Handbook with Cases, Laws, and Documents
Sample text
By 1959, the Eisenhower administration backed off any further pursuit of termination without Indian consent, which was decidedly lacking. The Democratic administrations of Presidents John F. Kennedy and Lyndon B. Johnson emphasized social welfare programs to benefit impoverished Indians. Johnson, in a landmark message to Congress describing Indians as the “forgotten” Americans, rejected termination and emphasized economic development (Johnson Message 1968). That same year, Congress passed and Johnson signed the Indian Civil Rights Act.
Georgia responded in 1828 and 1829 by enacting a series of laws purporting to abolish the Cherokee government, nullify all Cherokee laws, and extend Georgia state law over the Cherokee Nation. The Georgia laws, however, did more than that. They dispelled any notion that Cherokees might remain in Georgia even as private individuals under any tolerable conditions. They denied Cherokees the right to testify in any court case involving a white person, leaving them helpless victims of crimes and breaches of contract by whites, and white hoodlums promptly took advantage of this immunity.
But the question whether any Indian tribes, or any members thereof, have become so far advanced in civilization that they should be let out of the state of pupilage, and admitted to the privileges and responsibilities of citizenship, is a question to be decided by the nation whose wards they are and whose citizens they seek to become, and not by each Indian for himself. (Elk v. Wilkins 1884, 106–107) Historical Background 29 Such reasoning was, of course, surreal, given that the very purpose of the 1866 Civil Rights Act and the Thirteenth, Fourteenth, and Fifteenth Amendments (ratified in 1865, 1868, and 1870, respectively) was to grant full citizenship and voting rights without regard to race.