Author: Steven Newcomb
Publisher: Fulcrum Publishing
Release Date: 2008-01-01
Pagans in the Promised Land provides a unique, well-researched challenge to U.S. federal Indian law and policy. It attacks the presumption that American Indian nations are legitimately subject to the plenary power of the United States.
Author: Steven T. Newcomb
Release Date: 2010-05-07
Pagans in the Promised Land provides a unique, well-researched challenge to U.S. federal Indian law and policy. It attacks the presumption that American Indian nations are legitimately subject to the plenary power of the United States. Steve Newcomb puts forth a startling theory that U.S. federal Indian law and policy are premised on Old Testament narratives of the chosen people and the promised land, as exemplified in the 1823 Supreme Court ruling Johnson v. McIntosh, that the first ''Christian people'' to ''discover'' lands inhabited by ''natives, who were heathens, '' have an ultimate title to and dominion over these lands and peoples. This imporant addition to legal scholarship asserts there is no separation of church and state in the United States, so long as U.S. federal Indian law and policy are premised on the ancient religious distinctions between ''Christians'' and ''heathens.''
Author: Robert J. Miller
Publisher: OUP Oxford
Release Date: 2012-01-05
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Author: Robert J. Miller
Publisher: Greenwood Publishing Group
Release Date: 2006-01-01
This extraordinary work traces the role of the Discovery Doctrine in Lewis & Clark's expedition (authorized by Thomas Jefferson) to secure the Midwest and the Pacific Northwest for the United States of America, which was vying with European powers and Indian tribes for sovereignty.
Author: Blake A. Watson
Release Date: 2012
Johnson v. McIntosh and its impact offers a comprehensive historical and legal overview of Native land rights since the European discovery of the New World. Watson sets the case in rich historical context. After tracing Anglo-American views of Native land rights to their European roots, Watson explains how speculative ventures in Native lands affected not only Indian peoples themselves but the causes and outcomes of the French and Indian War, the American Revolution, and ratification of the Articles of Confederation. He then focuses on the transactions at issue in Johnson between the Illinois and Piankeshaw Indians, who sold their homelands, and the future shareholders of the United Illinois and Wabash Land Companies.
Author: Oren Lyons
Publisher: Santa Fe, N.M. : Clear Light Publishers
Release Date: 1997-08
It is little known that the Revolutionary War and the writing of the United States Constitution and Bill of Rights were strongly influenced by Native American traditions. European philosophers of the Enlightenment such as Jean Jacques Rousseau had begun pressing for democratic reforms in Europe on the basis of glowing reports by early settlers about the New World and its native inhabitants. The founding fathers of the United States, in turn, were inspired to fight for independence and to create the great American documents of freedom through contact with Native American statesmen and exposure to American Indian societies based on individual freedom, representative government and the democratic union of tribes. Yet American Indians have never been acknowledged for their many contributions to the founding of the United States of America, and they have never been permitted to fully share the benefits of the freedoms they helped establish. Exiled in the Land of the Free is a dramatic recounting of early American history and an eloquent call for reform that will not be ignored. Written by eight prominent Native American leaders and scholars, each a specialist in his area of expertise, Exiled in the Land of the Free: Democracy, Indian Nations and the U. S. Constitution is a landmark volume, sure to be read by generations to come. An aspect of American history that has been ignored and denied for centuries is the extent to which we are indebted to Native Americans for the principles and practices on which our democratic institutions are based. This is the first work to recognize that legacy and trace our model of participatory democracy to its Native American roots. This book, which was written into the Congressional Record, has major implications for future relations between Indian tribes and the governments of the United States and other nations. It presents the strongest case ever made for Native American sovereignty. American history has finally been written--not from the European point of view--but from an Indian perspective. Exiled in the Land of the Free has been adopted for courses in twelve universities, to date.
Author: Lindsay G. Robertson
Publisher: Oxford University Press
Release Date: 2005-08-25
In 1823, Chief Justice John Marshall handed down a Supreme Court decision of monumental importance in defining the rights of indigenous peoples throughout the English-speaking world. At the heart of the decision for Johnson v. M'Intosh was a "discovery doctrine" that gave rights of ownership to the European sovereigns who "discovered" the land and converted the indigenous owners into tenants. Though its meaning and intention has been fiercely disputed, more than 175 years later, this doctrine remains the law of the land. In 1991, while investigating the discovery doctrine's historical origins Lindsay Robertson made a startling find; in the basement of a Pennsylvania furniture-maker, he discovered a trunk with the complete corporate records of the Illinois and Wabash Land Companies, the plaintiffs in Johnson v. M'Intosh. Conquest by Law provides, for the first time, the complete and troubling account of the European "discovery" of the Americas. This is a gripping tale of political collusion, detailing how a spurious claim gave rise to a doctrine--intended to be of limited application--which itself gave rise to a massive displacement of persons and the creation of a law that governs indigenous people and their lands to this day.
Author: Elizabeth Cook-Lynn
Release Date: 2012-01
"Essays questioning the academic notion that "postcoloniality" is the current condition of American Indian communities. Argues that American Indians remain among the most colonized people in the modern world; revises the popular view of the American West and explores the forgotten history of Indigenousness in America"--Provided by publisher.
If you want to know why American Indians have the highest rates of poverty of any racial group, why suicide is the leading cause of death among Indian men, why native women are two and a half times more likely to be raped than the national average and why gang violence affects American Indian youth more than any other group, do not look to history. There is no doubt that white settlers devastated Indian communities in the 19th, and early 20th centuries. But it is our policies today—denying Indians ownership of their land, refusing them access to the free market and failing to provide the police and legal protections due to them as American citizens—that have turned reservations into small third-world countries in the middle of the richest and freest nation on earth. The tragedy of our Indian policies demands reexamination immediately—not only because they make the lives of millions of American citizens harder and more dangerous—but also because they represent a microcosm of everything that has gone wrong with modern liberalism. They are the result of decades of politicians and bureaucrats showering a victimized people with money and cultural sensitivity instead of what they truly need—the education, the legal protections and the autonomy to improve their own situation. If we are really ready to have a conversation about American Indians, it is time to stop bickering about the names of football teams and institute real reforms that will bring to an end this ongoing national shame.
Author: Chet A Bowers
Release Date: 2016-01-29
Genre: Political Science
The digital revolution is changing the world in ecologically unsustainable ways: (1) it increases the economic and political power of the elites controlling and interpreting the data; (2) it is based on the deep assumptions of market liberalism that do not recognize environmental limits; (3) it undermines face-to-face and context-specific forms of knowledge; (4) it undermines awareness of the metaphorical nature of language; (5) its promoters are driven by the myth of progress and thus ignore important cultural traditions of the cultural commons that are being lost; and (6) it both by-passes the democratic process and colonizes other cultures. This book provides an in-depth examination of these phenomena and connects them to questions of educational reform in the US and beyond.
Author: Angela Cavender Wilson
Publisher: U of Nebraska Press
Release Date: 2005
Situating Dakota language and oral tradition within the framework of decolonization, Remember This! Dakota Decolonization and the Eli Taylor Narratives makes a radical departure from other works in Indigenous history because it relies solely on Indigenous oral tradition for its primary sources and privileges Dakota language in the text. ø Waziyatawin Angela Wilson, both a historian and a member of the Dakota Nation, demonstrates the value of oral history in this bilingual presentation and skillful analysis of the stories told by the Dakota elder Eli Taylor (1908?99). Taylor lived on the Sioux Valley Reserve in Manitoba, Canada, and was adopted into Wilson?s family in 1988. He agreed to tell her his story and to share his accounts of the origins, history, and life ways of the Dakotas. In these pages he tells of Dakota history, the United States?Dakota Conflict of 1862, Dakota values, and the mysterious powers of the world. Wilson gracefully contextualizes and complements Taylor's stories with a careful analysis and distillation of the narratives. Additionally, she provides an overview of Dakota history and a substantial critique of the use of oral accounts by mainstream historians. ø By placing Dakota oral tradition within the academic discipline of history, this powerful book illuminates the essential connections among Dakota language, history, and contemporary identity.
Author: N. Bruce Duthu
Release Date: 2008-01-31
A perfect introduction to a vital subject very few Americans understand-the constitutional status of American Indians Few American s know that Indian tribes have a legal status unique among America's distinct racial and ethnic groups: they are sovereign governments who engage in relations with Congress. This peculiar arrangement has led to frequent legal and political disputes-indeed, 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. Exploring subjects as diverse as jurisdictional authority, control of environmental resources, and the regulations that allow the operation of gambling casinos, American Indians and the Law gives us an accessible entry point into a vital facet of Indian history.