Uneven Ground: American Indian Sovereignty and Federal Law

by David E. Wilkins, K. Tsianina Lomawaima

In the early 1970s, the federal government began recognizing self-determination for American Indian nations. As sovereign entities, Indian nations have been able to establish policies concerning health care, education, religious freedom, law enforcement, gaming, and taxation. Yet these gains have not gone unchallenged. Starting in the late 1980s, states have tried to regulate and profit from casino gambling on Indian lands. Treaty rights to hunt, fish, and gather remain hotly contested, and traditional religious practices have been denied protection. Tribal courts struggle with state and federal courts for jurisdiction.

David E. Wilkins and K. Tsianina Lomawaima discuss how the political rights and sovereign status of Indian nations have variously been respected, ignored, terminated, and unilaterally modified by federal lawmakers as a result of the ambivalent political and legal status of tribes under western law.

Genres: Law, Nonfiction, Indigenous, Native American, Politics, History

338 pages, Paperback

First published August 1, 2001

Reviews

[Heather · Rating 4 out of 5]

The authors did an amazing job in summing up the complexity and contradiction surrounding Native American tribal relations with the United States Congress and Supreme Court, and the laws that have been put in place to both their benefit and detriment.

This was required reading for my History of Native American Sovereignty in Federal Law class, and of the two textbooks assigned for this class, this was by far the better one. The authors give great examples of how changing attitudes of lawmakers over time have affected American Indian tribes in the United States.

[Michael Webb · Rating 3 out of 5]

As this sort of work goes, you will know if you are in the market for it. This is a pretty decent look at the legal questions and arguments surrounding Native American rights in the United States.

The authors are forthright about their personal feelings (as Native Americans) but present a cogent overview of some of the larger topics including treaty rights, the concept of sovereignty, and the numerous conflicts with the states over the sovereign to sovereign relations that federally recognized Tribes enjoy with the US government.

I find these sorts of texts enlightening but dry. I have a personal stake in being aware of the complexities surrounding these relationships though, and as a result it's easier for me to stay on task. I can only really recommend books like this for either fellow Native Americans, or people who are more inherently interested in the law than I am. Informative, but not particularly engaging in its style.

[Serena · Rating 5 out of 5]

I loved the Indigenous perspective brought to this book. It was well argued, thorough, and I appreciate the way it is organized and structured. The language is easy to understand and it’s a good base for those interested in Indigenous Law / Federal Indian Law.

[Adam · Rating 4 out of 5]

This book provides a thorough background into the construction of federal Indian Law with particular emphasis on Supreme Court decisions that have affected tribal sovereignty and treaty law. It is written for college students or lay people and is a very approachable book while also providing details examinations into the often conflicting history of treaty law.

[Sam Gordon · Rating 5 out of 5]

Dense but incredibly informative. Clearly outlines the major doctrines of federal Indian law, the history behind each, and recommendations for their interpretation going forward. A useful resource in understanding the relationship between tribes and the federal government.

[Sydney Robertson · Rating 5 out of 5]

Wilkins and Lomawaima give a brilliant treatment of American Indian Federal Policy throughout history and explaining its implications for contemporary issues. This is a large topic with a lot of social implications, but worth the read if you want to begin talking about the relationship between the three sovereigns in the United States.