Native Americans and the Supreme Court

Native Americans have persevered and thrived despite being subjugated by every American government since The Founding. The Supreme Court has played a significant role in preserving their opportunity to "make their own laws and be ruled by them" by declaring tribes not fully sovereign but also something far more than a mere social club. This book provides an analysis of canonical American Indian Law cases with historical and legal context and offers a fresh perspective on the issues for law students, policy makers, and judges.

Format: Hardback
Length: 206 pages
Publication date: 10 November 2022
Publisher: Edward Elgar Publishing Ltd

Despite facing subjugation by every American government since The Founding, Native Americans have persevered and, in some instances, thrived. Understanding the existence of separate, semi-sovereign nations within the larger American nation requires examining various factors.

One significant factor contributing to the preservation of Native American autonomy has been the victories secured at the Supreme Court. These judicial decisions have played a crucial role in safeguarding the ability of Native Americans to "make their own laws and be ruled by them." The Supreme Court could have taken a more radical approach, creating fully sovereign nations with which the United States could engage in equal negotiations. However, the Court chose a compromise course, recognizing tribes as not fully sovereign but also something more than mere social clubs.

This book delves into several renowned Supreme Court cases that have shaped the course of Native American history. The author offers an insightful analysis of canonical American Indian Law cases, providing historical and legal context to enhance understanding. This resource is particularly valuable for law students, policy makers, and judges seeking an introduction to American Indian Law. It also appeals to academics interested in exploring a fresh perspective on both old and current cases.

The preservation of Native American autonomy has been a complex and multifaceted journey, shaped by historical events, legal battles, and societal attitudes. The Supreme Court's decisions have played a pivotal role in this ongoing struggle, ensuring that Native Americans continue to thrive and maintain their distinct identities within the broader American nation.

Dimension: 234 x 156 (mm)
ISBN-13: 9781803925158