Tribes, Treaties, and Constitutional TribulationsUniversity of Texas Press, 2000 - 209 strani "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. |
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Zadetki 1–3 od 41
... Indian Claims Commission , the Court of Claims , and now this Court , are based upon a “ revisionist ” view of history . The dissent fails to identify which materials quoted herein or relied upon by the Commission and the Court of Claims ...
... claims to hear all cases brought against the tribes for alleged violation of treaties in what was known as the Indian Depredation Act.9 % While Indian tribes were barred from any judicial relief except that which was carefully crafted ...
... Indian claims , a strange doctrine of law involv- ing the Fifth Amendment and the concept of just compensation ... Indian claims . But since it ap- pears to be an effort to apply the Fifth Amendment protections to Indians , it must be ...
Druge izdaje - Prikaži vse
Tribes, Treaties, and Constitutional Tribulations Vine Deloria,David E. Wilkins Omejen predogled - 2010 |
Tribes, Treaties, and Constitutional Tribulations Vine Deloria, Jr.,David E. Wilkins Omejen predogled - 2000 |
Tribes, Treaties, and Constitutional Tribulations Vine Deloria,David Eugene Wilkins Predogled ni na voljo - 1999 |