A survey of Native American tribal law and its place within the framework of the U.S. Constitution from colonial times to today's headlines. Using five major court cases, Native American Sovereignty on Trial examines American Indian tribal governments and how they relate to federal and state governments under the U.S. Constitution. From the foundational U.S. Supreme Court opinions of the 1830s, to the California State Gaming Propositions of 1998 and 2000, the impact and legacy of these court cases are fully explored. The actual text of key treaties, court decisions, and other legal documents pertaining to the five tribal controversies are featured and analyzed. Clearly presented, this in depth review of essential legal issues makes even the most difficult and complex judicial doctrines easy to understand by students and nonlawyers. This concise volume tracing the evolution of Native American sovereignty will supplement coursework in law, political science, U.S. history, and American Indian studies.
Drawing from forty-five years of experience, E. Richard Hart elucidates the use of history as expert testimony in American Indian tribal litigation. Such lawsuits deal with aboriginal territory; hunting, fishing, and plant gathering rights; reservation boundaries; water rights; federal recognition; and other questions that have a historical basis. The methodology necessary to assemble successful expert testimony for tribes is complex and demanding and the legal cases have serious implications for many thousands of people, perhaps for generations. Hart, a historian who has testified in cases that have resulted in roughly a billion dollars in judgments, uses specific cases to explain at length what kind of historical research and documentation is necessary for tribes seeking to protect and claim their rights under United States law. He demonstrates the legal questions that Native Americans face by exploring the cultural history and legal struggles of six Indian nations. He recounts how these were addressed by expert testimony grounded in thorough historical understanding, research, and argumentation. The case studies focus on the Wenatchi, Coeur d'Alene, Hualapai, Amah Mutsun, Klamath, and Zuni peoples but address issues relevant to many American tribes.
The harrowing story of a Native American man’s tragic loss of land and family, and his heroic journey to reclaim his humanity. In 1877, Chief Standing Bear’s Ponca Indian tribe was forcibly removed from their Nebraska homeland and marched to what was then known as Indian Territory (now Oklahoma), in what became the tribe’s own Trail of Tears. A third of the tribe died on the grueling march, including Standing Bear’s only son. “I Am a Man” chronicles what happened when Standing Bear set off on a six-hundred-mile walk to return the body of his son’s body to the Ponca’s traditional burial ground. It chronicles his efforts to reclaim his land and rights, culminating in his successful use of habeas corpus to gain access to the courts and secure his freedoms. This is a story of survival that explores fundamental issues of citizenship, constitutional protection, and the nature of democracy. Joe Starita’s well-researched and insightful account bring this vital piece of American history brilliantly to life.
From origin stories to contemporary struggles over treaty rights and sovereignty issues, Indian Nations of Wisconsin explores Wisconsin's rich Native tradition. This unique volume—based on the historical perspectives of the state’s Native peoples—includes compact tribal histories of the Ojibwe, Potawatomi, Oneida, Menominee, Mohican, Ho-Chunk, and Brothertown Indians. Author Patty Loew focuses on oral tradition—stories, songs, the recorded words of Indian treaty negotiators, and interviews—along with other untapped Native sources, such as tribal newspapers, to present a distinctly different view of history. Lavishly illustrated with maps and photographs, Indian Nations of Wisconsin is indispensable to anyone interested in the region's history and its Native peoples. The first edition of Indian Nations of Wisconsin: Histories of Endurance and Renewal, won the Wisconsin Library Association's 2002 Outstanding Book Award.
In his memoir, Alvin Ziontz reflects on his more than thirty years representing Indian tribes, from a time when Indian law was little known through landmark battles that upheld tribal sovereignty. He discusses the growth and maturation of tribal government and the underlying tensions between Indian society and the non-Indian world. A Lawyer in Indian Country presents vignettes of reservation life and recounts some of the memorable legal cases that illustrate the challenges faced by individual Indians and tribes. As the senior attorney arguing U.S. v. Washington, Ziontz was a party to the historic 1974 Boldt decision that affirmed the Pacific Northwest tribes' treaty fishing rights, with ramifications for tribal rights nationwide. His work took him to reservations in Montana, Wyoming, and Minnesota, as well as Washington and Alaska, and he describes not only the work of a tribal attorney but also his personal entry into the life of Indian country. Ziontz continued to fight for tribal rights into the late 1990s, as the Makah tribe of Washington sought to resume its traditional whale hunts. Throughout his book, Ziontz traces his own path through this public history - one man's pursuit of a life built around the principles of integrity and justice.
Now in paperback, an important account of ten Supreme Court cases that changed the fate of Native Americans, providing the contemporary historical/political context of each case, and explaining how the decisions have adversely affected the cultural survival of Native people to this day.
When the Cabazon Band of Mission Indians-a small tribe of only 25 members-first opened a high-stakes bingo parlor, the operation was shut down by the State of California as a violation of its gambling laws. It took a Supreme Court decision to overturn the state's action, confirm the autonomy of tribes, and pave the way for other tribes to operate gaming centers throughout America. Ralph Rossum explores the origins, arguments, and impact of California v. Cabazon Band of Mission Indians, the 1987 Supreme Court decision that reasserted the unique federally supported sovereignty of Indian nations, effectively barring individual states from interfering with that sovereignty and opening the door for the explosive growth of Indian casinos over the next two decades. Rossum has crafted an evenhanded overview of the case itself-its origins, how it was argued at every level of the judicial system, and the decision's impact-as he brings to life the essential debates pitting Indian rights against the regulatory powers of the states. He also provides historical grounding for the case through a cogent analysis of previous Supreme Court decisions and legislative efforts from the late colonial period to the present, tracking the troubled course of Indian law through a terrain of abrogated treaties, unenforced court decisions, confused statutes, and harsh administrative rulings. In its decision, the Court held that states are barred from interfering with tribal gaming enterprises catering primarily to non-Indian participants and operating in Indian country. As a result of that ruling-and of Congress's subsequent passage of the Indian Gaming Regulatory Act-tribal gaming has become a multibillion dollar business encompassing 425 casinos operated by 238 tribes in 29 states. Such enormous growth has funded a renaissance of reservation self-governance and culture, once written off as permanently impoverished. As Rossum shows, Cabazon also brings together in one case a debate over the meaning of tribal sovereignty, the relationship of tribes to the federal government and the states, and the appropriateness of having distinctive canons of construction for federal Indian law. His concise and insightful study makes clear the significance of this landmark case as it attests to the sovereignty of both Native Americans and the law.
Nation to Nation explores the promises, diplomacy, and betrayals involved in treaties and treaty making between the United States government and Native Nations. One side sought to own the riches of North America and the other struggled to hold on to traditional homelands and ways of life. The book reveals how the ideas of honor, fair dealings, good faith, rule of law, and peaceful relations between nations have been tested and challenged in historical and modern times. The book consistently demonstrates how and why centuries-old treaties remain living, relevant documents for both Natives and non-Natives in the 21st century.
