Constitutional Law

Download PDF by David E. Wilkins: American Indian Sovereignty and the U.S. Supreme Court: The

By David E. Wilkins

"Like the miner's canary, the Indian marks the shift from clean air to poison gasoline in our political surroundings; and our remedy of Indians, much more than our remedy of different minorities, displays the increase and fall in our democratic faith," wrote Felix S. Cohen, an early specialist in Indian criminal affairs.

In this publication, David Wilkins charts the "fall in our democratic religion" via fifteen landmark circumstances during which the superb court docket considerably curtailed Indian rights. He deals compelling facts that ultimate courtroom justices selectively used precedents and evidence, either historic and modern, to reach at judgements that experience undermined tribal sovereignty, legitimated huge tribal land losses, sanctioned the diminishment of Indian spiritual rights, and curtailed different rights as well.

These case studies—and their implications for all minority groups—make very important and troubling interpreting at a time while the ideally suited courtroom is on the vortex of political and ethical advancements which are redefining the character of yankee executive, reworking the connection among the criminal and political branches, and changing the very which means of federalism.

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American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice by David E. Wilkins

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