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Tribes, Treaties, and Constitutional Tribulations
Tribes, Treaties, and Constitutional Tribulations
Author: Deloria, Vine / Wilkins, David E.
Edition/Copyright: 1999
ISBN: 0-292-71608-7
Publisher: University of Texas Press
Type: Paperback
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Author Bio
Review
Summary
 
  Author Bio

Deloria, Vine :

Vine Deloria, Jr., a Standing Rock Sioux, has been active in Indian legal and political affairs for several decades.


Wilkins, David E. : University of Minnesota

David E. Wilkins, a Lumbee, is Associate Professor of American Indian Studies and Political Science at the University of Minnesota.

 
  Review

"This book is unique in its thorough analysis of the entire Constitution as it relates to Indian tribes."

--Rebecca Tsosie, Professor of Law and Executive Director of the Indian Legal Program, Arizona State University


University of Texas Press Web Site, June, 2001

 
  Summary

"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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