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Reclaiming the Reservation
In the 1970s the Quinault and Suquamish, like dozens of Indigenous nations across the United States, asserted their sovereignty by applying their laws to everyone on their reservations. This included arresting non-Indians for minor offenses, and two of those arrests triggered federal litigation that had big implications for Indian tribes' place in the American political system. Tribal governments had long sought to manage affairs in their territories, and their bid for all-inclusive reservation jurisdiction was an important, bold move, driven by deeply rooted local histories as well as pan-Indian activism. They believed federal law supported their case.
In a 1978 decision that reverberated across Indian country and beyond, the Supreme Court struck a blow to their efforts by ruling inOliphant v. Suquamish Indian Tribe that non-Indians were not subject to tribal prosecution for criminal offenses. The court cited two centuries of US legal history to justify their decision but relied solely on the interpretations of non-Indians.
In Reclaiming the Reservation, Alexandra Harmon delves into Quinault, Suquamish, and pan-tribal histories to illuminate the roots of Indians' claim of regulatory power in their reserved homelands. She considers the promises and perils of relying on the US legal system to address the damage caused by colonial dispossession. She also shows how tribes have responded since 1978, seeking and often finding new ways to protect their interests and assert their sovereignty.
eBook
The Future of Indian and Federal Reserved Water Rights
On January 6, 1908, the Supreme Court ruled that when land is set aside for the use of Indian tribes, that reservation of land includes reserved water rights. The Winters Doctrine, as it has come to be known, is now a fundamental principle of both federal Indian law and water law and has expanded beyond Indian reservations to include all federal reservations of land.
Ordinarily, there would not be much to say about a one hundred-year-old Supreme Court case. But while its central conclusion that a claim to water was reserved when the land was reserved for Indians represents a commitment to justice, the exact nature of that commitment—its legal basis, scope, implications for non-Indian water rights holders, the purposes for and quantities of water reserved, the geographic nexus between the land and the water reserved, and many other details of practical consequence—has been, and continues to be, litigated and negotiated. In this detailed collection of essays, lawyers, historians, and tribal leaders explore the nuances of these issues and legacies.
eBook
Tribes, Land, and the Environment
Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.
eBook
These people have always been a republic : indigenous electorates in the U.S.-Mexico borderlands, 1598-1912
\"By focusing on this long history, Maurice Crandall demonstrates how Indigenous peoples absorbed, adapted, or eschewed colonially imposed forms of electoral politics and exercised political sovereignty based on local needs. In doing so, this study compares and contrasts not only Spanish, Mexican, and American conceptions of Indian citizenship, but also the differences among indigenous groups that populated what became the states of Arizona and New Mexico. Crandall's work represents a significant contribution to the fields of indigenous political rights and legal status in the American Southwest, as well as Indian-Hispano and Indian-Anglo relations in the U.S.-Mexico Borderlands\"-- Provided by publisher.
Book
Not Without Our Consent
In a 1953 effort to end the authority of local Native American governments, Congress passed Public Law 83-280. Allowing states to apply their criminal and civil laws to Native American country, the law provided an unparalleled opportunity for the state of South Dakota to crush burgeoning Lakota nationalism. _x000B__x000B_Edward Valandra's Not Without Our Consent documents the tenacious and formidable Lakota resistance to attempts at applying this law. In unprecedented depth, it follows their struggle through the 1950s when, against all odds, their resistance succeeded in the amendment of PL 83-280 to include Native consent as a prerequisite to state jurisdiction. The various House and Senate bills discussed in the manuscript are reproduced in five appendices.
eBook
Documents of Native American political development : 1933 to present
\"The Indian Reorganization Act (IRA) of 1934, intended to reverse federal Indian policy from coercive assimilation of Native peoples to a policy that emphasized a strong measure of self-rule, ushered in a period of political, legal, and economic revitalization of Native peoples that continues to this day. Until very recently, little attention has been paid to the political dynamics operating within Indian Country and the nearly 570 federally-recognized Native nations living throughout the US. From 1934 to the present, this volume brings together a great many of these hard to find or previously unavailable primary source documents. It will also include international and interest group documents, statements by prominent Native and non-Native individuals, court cases, documents that detail the intergovernmental relationships between Native and non-Native communities, and documents featuring legal or institutional innovations that display the political acumen and diversity of Native nations. The documents are arranged chronologically, and Wilkins provides brief, introductory essays to each document, placing them within their proper context. Each introduction is followed by a brief list of suggestions for further reading. Just like the preceding volume, this anthology will provide an invaluable resource for scholars and researchers of indigenous political development during this vibrant period of Native self-determination\"--Provided by publisher.
Book
American Indian Sovereignty and the U.S. Supreme Court
\"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith,\" wrote Felix S. Cohen, an early expert in Indian legal affairs. In this book, David Wilkins charts the \"fall in our democratic faith\" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well. These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.
eBook