Tribes, Treaties, and Constitutional Tribulations

Description

Two 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. Indian law. IntroductionChapter I. Europeans and the New WorldChapter 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 ClauseThe Lyng DecisionThe Smith DecisionThe 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 CounselChapter VII. The Later Constitutional Amendments The Thirteenth AmendmentThe Fourteenth Amendment: Citizenship and Due Process The Fifteenth Amendment The Sixteenth Amendment The Prohibition Amendments The Twenty-sixth AmendmentChapter VIII. The Status of Indian Tribes and the ConstitutionNotesReferencesIndex of CasesGeneral Index