American Indian Sovereignty and the U.S. Supreme Court : The Masking of Justice - Softcover

Wilkins, David E.

Softcover

ISBN 10: 0292791097 ISBN 13: 9780292791091

Publisher: University of Texas Press, 1997

Synopsis

"Like the miner's canary, the Indian marks the shift from fresh air to poison gas in our political atmosphere; and our treatment of Indians, even more than our treatment of other minorities, reflects the rise and fall in our democratic faith," wrote Felix S. Cohen, an early expert in Indian legal affairs.

In this book, David Wilkins charts the "fall in our democratic faith" through fifteen landmark cases in which the Supreme Court significantly curtailed Indian rights. He offers compelling evidence that Supreme Court justices selectively used precedents and facts, both historical and contemporary, to arrive at decisions that have undermined tribal sovereignty, legitimated massive tribal land losses, sanctioned the diminishment of Indian religious rights, and curtailed other rights as well.

These case studies—and their implications for all minority groups—make important and troubling reading at a time when the Supreme Court is at the vortex of political and moral developments that are redefining the nature of American government, transforming the relationship between the legal and political branches, and altering the very meaning of federalism.

About this title

About the Author:

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

Review:

"A detailed, thorough analysis of 15 US Supreme Court cases involving Native Americans. . . . The cases range from the well-known Johnson v. M’Intosh to the little-known Ward v. Racehorse, but all are instance in which the Court has mistakenly ‘limited or terminated the rights of indigenous peoples.’ In each case the author notes the errors the justices made and the ‘judicial masks’ that have often enabled them to ignore reality and morality. . . . Judicious and persuasive, he provides new information and insights in this important field. A must read for tribal officials, attorneys, judges, public officials, and others concerned with Native American affairs." (Choice 1998-04-01)

"This book offers a framework in which Supreme Court decisions can be analyzed and criticized. It is, on account of this framework, a wholly new kind of writing and one that is badly needed." (Vine Deloria Jr., author of American Indians, American Justice)

About this edition

• Publisher: University of Texas Press
• Publication date: 1997
• ISBN 10: 0292791097
• ISBN 13: 9780292791091
• Binding: Paperback
• Number of pages: 421