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The primordial bonds of early societies—common ancestry or tribal bonds and territorial or neighborhood bonds—are at the root of early political organization. States based on common tribal or ethnic identity have tended to develop into highly nationalistic states. The civic state, based upon territory, appeared in embryonic form in Athens. It was Rome, however, that made the complete transition, creating a civic state based on an association of free citizens, irrespective of ethnicity. The tribal state in its extreme, often totalitarian, form has led to genocide, holocausts, and ethnic cleansing. The civic or territorial state has developed into modern pluralistic, multiethnic, democratic states with equal rights for diverse groups. This was accomplished by a historical process of separation of ethnicity from citizenship. As Feliks Gross shows, there are many types of civic and tribal states: they do not fit into a single model, but they can be grouped into related families. This important survey of political and social development will be of great interest to students and scholars of political sociology, ethnic studies, and political history.
In the “tribal moment in American politics,” which occurred from the 1950s to the mid- to late-1970s, American Indians waged civil disobedience for tribal self-determination and fought from within the U.S. legal and political systems. The U.S. government responded characteristically, overall wielding its authority in incremental, frequently double-edged ways that simultaneously opened and restricted tribal options. The actions of Native Americans and public officials brought about a new era of tribal-American relations in which tribal sovereignty has become a central issue, underpinning self-determination, and involving the tribes, states, and federal government in intergovernmental cooperative activities as well as jurisdictional skirmishes. American Indian tribes struggle still with the impacts of a capitalist economy on their traditional ways of life. Most rely heavily on federal support. Yet they have also called on tribal sovereignty to protect themselves. Asking how and why the United States is willing to accept tribal sovereignty, this book examines the development of the “order” of Indian affairs. Beginning with the nation’s founding, it brings to light the hidden assumptions in that order. It examines the underlying deep contradictions that have existed in the relationship between the United States and the tribes as the order has evolved, up to and into the “tribal moment.”
Emerging Issues in Tribal-State Relations is an authoritative, insider's perspective on understanding and improving the interactions between state and local governments and sovereign nations. Featuring state directors of Indian Affairs as well as Indian law attorneys from across the country, this book provides a broad yet comprehensive overview of the challenges tribal, state, and local governments face in operating next door to one another while overcoming legal differences. These leaders provide insight into the most contentious areas of tribal-state relations, including gaming law, revenue sharing, natural resources, tribal property rights, tribal sovereignty, and law enforcement. Additionally, the authors offer their advice on handling differences between state and tribal court systems, respecting cultural traditions, recognizing tribal self government, and successfully partnering with tribes to establish mutually beneficial relationships. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great minds in tribal affairs and Indian law today, as these experts reveal the keys to building and maintaining positive rapport with Indian tribes across the country. Book jacket.
Ashley and Hubbard examine ways that tribal/state relations can be improved in the United States. While the long history of tribal-state relations point to the need for better cooperation, they contend that the first and most vital step is a greater understanding of the role that tribal governments play in the federal system. All too often, they assert, tribes are overlooked as viable political entities with unique legal and political status. They begin by providing background information needed for an understanding of the position that tribal governments hold in the broader United States system. Often overlooked is that tribal governments are, by legal standards, equal to or greater than states. The federal/tribal/state order of primacy must be established in order to understand state/tribal intergovernmental relations. Ashley and Hubbard then provide case studies necessary to provide evidence of both positive and negative tribal/state relations. Following a brief background of the tribe in question—where they are located, any pertinent treaty information—they examine instances over time where this particular government has been in conflict or concert with the state in which they currently reside. This lays a foundation for understanding current relations. They then look at the level of cooperation—or lack thereof—between the tribe and the state across key areas of policy making and implementation—air pollution control, water management, and law enforcement. Through this they pinpoint common themes that facilitate or work against cooperative efforts. They conclude by proposing an alternative model for understanding tribal/state relations and offer an alternative approach for both sides when dealing with one another; one designed to improve cooperative handling of issues.
The authors interviewed over 5,000 citizens in Germany, Italy, Mexico, Great Britain, and the U.S. to learn political attitudes in modem democratic states. Originally published in 1963. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Emerging Issues in Tribal-State Relations provides an authoritative, insider's perspective on the relationships between tribes and the government, and how they are changing in light of today's political and economic environment. Featuring partners and shareholders from some of the nation's leading law firms, this book guides the reader through the important cases and laws that are impacting tribes, tribal attorneys, and clients that interact with Indian nations. These top lawyers analyze the recent conflicts that have erupted over topics such as tribal sovereignty, gaming, reservation-based Internet sales, natural resources, land trusts, and tobacco taxation and regulation. Additionally, these leaders discuss strategies for resolving tribal legal matters, the role of the tribal attorney, and the importance of tribal-state cooperation. The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today, as these experienced lawyers offer up their thoughts on the keys to fostering a successful rapport between Indian tribes and governments.
A direct response to the needs and ambitions articulated by tribal administrators and leaders, this handbook seeks to serve practitioners, students, researchers, and community members alike. It grew out of an ongoing collaboration among scholars and practitioners from tribal nations, universities, tribal colleges, and nonprofit organizations who are developing practical and teaching resources in the field of tribal administration and governance. Designed as a readable, accessible volume, it focuses on three key areas: tribal management, funding and delivering core services, and sovereign tribes engaging settler governments. While the chapters complement one another by presenting a coherent and unified constellation of voices that illuminates a shared terrain of practical Indigenous governance, each chapter ultimately stands alone to accommodate a variety of needs and interests with specific best practices, quick-reference executive summaries, and practitioner notes to aid lesson applications. This humble collection of remarkable voices initiates a conversation about tribal administration that will hopefully continue to grow in service to Native nations.
Arguing that the greatest threat to Native American sovereignty in the United States can arguably be said to come from state governments and courts, Bays (geography, Oklahoma State U.) and Fouberg (geography, Mary Washington College) present nine contributions that explore tribal-state relations as it pertains to land use and ownership and other geographical issues. Much of the material analyzes case studies of particular litigations or cooperative programs between the states and the tribes, including jurisdiction and diminishment in South Dakota, the geographic expansion of Indian gaming, the territorial politics of environmental protection, transportation politics in Washington, and cooperative management of the allocation of Pacific Salmon. Annotation copyrighted by Book News, Inc., Portland, OR
Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government's domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy. This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.