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Landmark court cases in the history of formal U.S. relations with Indian tribes are Corn Tassel, Standing Bear, Crow Dog, and Lone Wolf. Each exemplifies a problem or a process as the United States defined and codified its politics toward Indians. The importance of the Lone Wolf case of 1903 resides in its enunciation of the "plenary power" doctrine?that the United States could unilaterally act in violation of its own treaties and that Congress could dispose of land recognized by treaty as belonging to individual tribes. In 1892 the Kiowas and related Comanche and Plains Apache groups were pressured into agreeing to divide their land into allotments under the terms of the Dawes Act of 1887. Lone Wolf, a Kiowa band leader, sued to halt the land division, citing the treaties signed with the United States immediately after the Civil War. In 1902 the case reached the Supreme Court, which found that Congress could overturn the treaties through the doctrine of plenary power. As he recounts the Lone Wolf case, Clark reaches beyond the legal decision to describe the Kiowa tribe itself and its struggles to cope with Euro-American pressure on its society, attitudes, culture, economic system, and land base. The story of the case therefore also becomes the history of the tribe in the late nineteenth century. The Lone Wolf case also necessarily becomes a study of the Dawes Allotment Act of 1887 in operation; under the terms of the Dawes Act and successor legislation, almost two-thirds of Indian lands passed out of their hands within a generation. Understanding how this happened in the case of the Kiowa permits a nuanced view of the well-intentioned but ultimately disastrous allotment effort.
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.
Oklahoma is home to nearly forty American Indian tribes and includes the largest Native population of any state. As a result, many Americans think of the state as “Indian Country.” In 2009, Blue Clark, an enrolled member of the Muscogee (Creek) Nation, produced an invaluable reference for information on the state’s Native peoples. Now, building on the success of the first edition, this revised guide offers an up-to-date survey of the diverse nations that make up Oklahoma’s Indian Country. Since publication of the first edition more than a decade ago, much has changed across Indian Country—and more is known about its history and culture. Drawing from both scholarly literature and Native oral sources, Clark incorporates the most recent archaeological and anthropological research to provide insights into each individual tribe dating back to prehistoric times. Today, the thirty-nine federally recognized tribes of Oklahoma continue to make advances in the areas of tribal governance, commerce, and all forms of arts and literature. This new edition encompasses the expansive range of tribal actions and interests in the state, including the rise of Native nation casino operations and nongaming industries, and the establishment of new museums and cultural attractions. In keeping with the user-friendly format of the original edition, this book provides readers with the unique story of each tribe, presented in alphabetical order, from the Alabama-Quassartes to the Yuchis. Each entry contains a complete statistical and narrative summary of the tribe, covering everything from origin tales to contemporary ceremonies and tribal businesses. The entries also include tribal websites, suggested readings, and photographs depicting visitor sites, events, and prominent tribal personages.
During the nineteenth century, white Americans sought the cultural transformation and physical displacement of Native people. Though this process was certainly a clash of rival economic systems and racial ideologies, it was also a profound spiritual struggle. The fight over Indian Country sparked religious crises among both Natives and Americans. In The Gods of Indian Country, Jennifer Graber tells the story of the Kiowa Indians during Anglo-Americans' hundred-year effort to seize their homeland. Like Native people across the American West, Kiowas had known struggle and dislocation before. But the forces bearing down on them-soldiers, missionaries, and government officials-were unrelenting. With pressure mounting, Kiowas adapted their ritual practices in the hope that they could use sacred power to save their lands and community. Against the Kiowas stood Protestant and Catholic leaders, missionaries, and reformers who hoped to remake Indian Country. These activists saw themselves as the Indians' friends, teachers, and protectors. They also asserted the primacy of white Christian civilization and the need to transform the spiritual and material lives of Native people. When Kiowas and other Native people resisted their designs, these Christians supported policies that broke treaties and appropriated Indian lands. They argued that the gifts bestowed by Christianity and civilization outweighed the pains that accompanied the denial of freedoms, the destruction of communities, and the theft of resources. In order to secure Indian Country and control indigenous populations, Christian activists sanctified the economic and racial hierarchies of their day. The Gods of Indian Country tells a complex, fascinating-and ultimately heartbreaking-tale of the struggle for the American West.
The Pulitzer Prize-winning novelist recalls the significant events and ventures of his own life, his own land, and his own people, recreating his experiences as an American Indian and those of his relatives
In the first comprehensive accounting of the U.S. Supreme CourtÕs race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the CourtÕs race recordÑa legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the CourtÕs race jurisprudence. Addressing nearly two hundred cases involving AmericaÕs racial minorities, the authors probe the parties involved, the justicesÕ reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the countryÕs promise of equal rights for all.
Black Hills/White Justice tells of the longest active legal battle in United States history: the century-long effort by the Sioux nations to receive compensation for the seizure of the Black Hills. Edward Lazarus, son of one of the lawyers involved in the case, traces the tangled web of laws, wars, and treaties that led to the wresting of the Black Hills from the Sioux and their subsequent efforts to receive compensation for the loss. His account covers the Sioux nations? success in winning the largest financial award ever offered to an Indian tribe and their decision to turn it down and demand nothing less than the return of the land.
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.