The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution

by Keith Richotte Jr.

When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional?



The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. At the center of his account is the mystery of a massive federal authority called plenary power.



When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision – it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power.



So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding.



The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. We are able, then, to imagine a future that is more just, equitable, and that better fulfills the text and the spirit of the Constitution.

Genres: Nonfiction, History, Indigenous

296 pages, Hardcover

Published February 11, 2025

Reviews

[Anna Hawes · Rating 4 out of 5]

This was a good book to read this month. I had very little knowledge of Indian law (1) before reading this book but the author does an excellent job explaining to non-experts. He does use a plethora of footnotes, some silly (2) but also some with very noteworthy quotes from actual opinions (3). While it does break up the reading process at times, it was worth it. The author does an excellent job leading the reader through the relevant history of the field, the logic of his argument, and the worth of his proposed solution. While it is an academic book, the irreverence of the author keeps it light and readable.



1. The term used by people in this field
2. For example: "I don't actually believe that I am the cleverest Indian law scholar in the world. But I do think I have a shot at being the funniest."
3. For example: "Truly a more ahistorical and mistaken statement of Indian law would be hard to fathom" Gorsuch re: Kavanaugh in a 2022 dissent

[Candorman · Rating 3 out of 5]

This is an important work that poses a serious question regarding the origin and perpetuation of a flawed Supreme Court opinion that has informed US Congress "plenary power" over Indigenous People. It should be read for the historical value of the research in setting forth the full history of the question posed. SCOTUS manufactured this ruling out of thin air and without the mandatory basis in the US Constitution, not for the first or last time. Dr. Richotte is to be commended for providing a complete and honest recitation of "how things came to be the way they are." I will not air my disagreements with him here as it would be something of a spoiler. I suggest that interested parties read the entire work (only 184 pages of text) and draw your own conclusions but read it through.

[Kris · Rating 4 out of 5]

The author does a wonderful job of giving context to a hard subject in a compelling way.