The history and politics of American Indians? unique constitutional status from a renowned scholar Few Americans know that Indian tribes have a legal status unique among America?s distinct racial and ethnic groups: They are also sovereign governments that engage in governmental relations with Congress. The self-rule of Native tribes long predates the founding of the United States, and that peculiar status has led to legal and political disputes?with vast sums of money hanging in the balance. From cigarette taxes to control of environmental resources to gambling law, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise. In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries and demonstrates their common thread throughout history, giving us an accessible entry point into a vital facet of Indian history. American Indians and the Law provides an overview of the major events, the differing principles, and the evolving perspectives that have governed relations among the tribes, the federal government, and the states since the founding of this country.
The author has presented a very reasonable and well-documented view of the legal challengess faced by Native Americans when trying to maintain their tribal identities and sovereign rights within the restraints of state and federal laws as legislated and as interpreted by the courts, the U.S. Supreme Court in particular. This is a must read for anyone who has an interest in this aspect of our history and concerns about the future direction this nation may take with regard to the legal status and rights of Native Americans in our democratic society.
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