Description
Book SynopsisTwo 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. Ind
Trade 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
Table of Contents
- Introduction
- Chapter I. Europeans and the New World
- Chapter II. The Articles of Confederation
- Chapter III. The Constitution and American Indian Tribes
- The Federalist Papers
- Explicit Clauses Dealing with Indians
- Implicit Clauses Dealing with Indians
- Chapter IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government
- Indians and the Executive Branch
- Indians and the Legislative Branch
- Indians and the Judicial Branch
- Chapter V. The Historical Development of Constitutional Clauses
- The Treaty-making Power
- The Power to Regulate Commerce
- The Property Clause
- Miscellaneous Constitutional Clauses
- Chapter VI. The Constitutional Amendments
- The Bill of Rights
- The First Amendment: The Establishment of Religion
- The First Amendment: The Free Exercise Clause
- The Lyng Decision
- The Smith Decision
- The First Amendment: Freedoms of Speech and Assembly
- The Fourth Amendment: Search and Seizure
- The Fifth Amendment: Double Jeopardy
- The Fifth Amendment: Due Process
- The Fifth Amendment: Just Compensation
- The Sixth Amendment: Legal Counsel
- Chapter VII. The Later Constitutional Amendments
- The Thirteenth Amendment
- The Fourteenth Amendment: Citizenship and Due Process
- The Fifteenth Amendment
- The Sixteenth Amendment
- The Prohibition Amendments
- The Twenty-sixth Amendment
- Chapter VIII. The Status of Indian Tribes and the Constitution
- Notes
- References
- Index of Cases
- General Index