Tribes, Treaties, and Constitutional Tribulations

Tribes, Treaties, and Constitutional Tribulations

Author: Vine Deloria

Publisher: University of Texas Press

Published: 2010-06-28

Total Pages: 244

ISBN-13: 0292789459

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"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.


Anthropologists and Indians in the New South

Anthropologists and Indians in the New South

Author: Rachel Bonney

Publisher: University of Alabama Press

Published: 2001-10

Total Pages: 301

ISBN-13: 0817310703

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Choice Outstanding Academic Title for 2002 A clear assessment of the growing mutual respect and strengthening bond between modern Native Americans and the researchers who explore their past Southern Indians have experienced much change in the last half of the 20th century. In rapid succession since World War II, they have passed through the testing field of land claims litigation begun in the 1950s, played upon or retreated from the civil rights movement of the 1960s, seen the proliferation of “wannabe” Indian groups in the 1970s, and created innovative tribal enterprises—such as high-stakes bingo and gambling casinos—in the 1980s. The Native American Graves Protection and Repatriation Act of 1990 stimulated a cultural renewal resulting in tribal museums and heritage programs and a rapprochement with their western kinsmen removed in “Old South” days. Anthropology in the South has changed too, moving forward at the cutting edge of academic theory. This collection of essays reflects both that which has endured and that which has changed in the anthropological embrace of Indians from the New South. Beginning as an invited session at the 30th-anniversary meeting of the Southern Anthropological Society held in 1996, the collection includes papers by linguists, archaeologists, and physical anthropologists, as well as comments from Native Americans. This broad scope of inquiry—ranging in subject from the Maya of Florida, presumed biology, and alcohol-related problems to pow-wow dancing, Mobilian linguistics, and the “lost Indian ancestor” myth—results in a volume valuable to students, professionals, and libraries. Anthropologists and Indians in the New South is a clear assessment of the growing mutual respect and strengthening bond between modern Native Americans and the researchers who explore their past.


Claiming Tribal Identity

Claiming Tribal Identity

Author: Mark Edwin Miller

Publisher: University of Oklahoma Press

Published: 2013-08-16

Total Pages: 620

ISBN-13: 080615053X

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Who counts as an American Indian? Which groups qualify as Indian tribes? These questions have become increasingly complex in the past several decades, and federal legislation and the rise of tribal-owned casinos have raised the stakes in the ongoing debate. In this revealing study, historian Mark Edwin Miller describes how and why dozens of previously unrecognized tribal groups in the southeastern states have sought, and sometimes won, recognition, often to the dismay of the Five Tribes—the Cherokees, Chickasaws, Choctaws, Creeks, and Seminoles. Miller explains how politics, economics, and such slippery issues as tribal and racial identity drive the conflicts between federally recognized tribal entities like the Cherokee Nation of Oklahoma, and other groups such as the Southeastern Cherokee Confederacy that also seek sovereignty. Battles over which groups can claim authentic Indian identity are fought both within the Bureau of Indian Affairs’ Federal Acknowledgment Process and in Atlanta, Montgomery, and other capitals where legislators grant state recognition to Indian-identifying enclaves without consulting federally recognized tribes with similar names. Miller’s analysis recognizes the arguments on all sides—both the scholars and activists who see tribal affiliation as an individual choice, and the tribal governments that view unrecognized tribes as fraudulent. Groups such as the Lumbees, the Lower Muscogee Creeks, and the Mowa Choctaws, inspired by the civil rights movement and the War on Poverty, have evolved in surprising ways, as have traditional tribal governments. Describing the significance of casino gambling, the leader of one unrecognized group said, “It’s no longer a matter of red; it’s a matter of green.” Either a positive or a negative development, depending on who is telling the story, the casinos’ economic impact has clouded what were previously issues purely of law, ethics, and justice. Drawing on both documents and personal interviews, Miller unravels the tangled politics of Indian identity and sovereignty. His lively, clearly argued book will be vital reading for tribal leaders, policy makers, and scholars.


Oklahoma Tribal Concerns

Oklahoma Tribal Concerns

Author: United States. Congress. House. Committee on Natural Resources. Subcommittee on Native American Affairs

Publisher:

Published: 1995

Total Pages: 296

ISBN-13:

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Distributed to some depository libraries in microfiche.


Theorizing Native Studies

Theorizing Native Studies

Author: Audra Simpson

Publisher: Duke University Press

Published: 2014-05-07

Total Pages: 363

ISBN-13: 082237661X

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This important collection makes a compelling argument for the importance of theory in Native studies. Within the field, there has been understandable suspicion of theory stemming both from concerns about urgent political issues needing to take precedence over theoretical speculations and from hostility toward theory as an inherently Western, imperialist epistemology. The editors of Theorizing Native Studies take these concerns as the ground for recasting theoretical endeavors as attempts to identify the larger institutional and political structures that enable racism, inequities, and the displacement of indigenous peoples. They emphasize the need for Native people to be recognized as legitimate theorists and for the theoretical work happening outside the academy, in Native activist groups and communities, to be acknowledged. Many of the essays demonstrate how Native studies can productively engage with others seeking to dismantle and decolonize the settler state, including scholars putting theory to use in critical ethnic studies, gender and sexuality studies, and postcolonial studies. Taken together, the essays demonstrate how theory can serve as a decolonizing practice. Contributors. Christopher Bracken, Glen Coulthard, Mishuana Goeman, Dian Million, Scott Morgensen, Robert Nichols, Vera Palmer, Mark Rifkin, Audra Simpson, Andrea Smith, Teresia Teaiwa