American Indians and the Law: The Penguin Library of American Indian History

by N. Bruce Duthu, Colin G. Calloway (Editor)

The history and politics of American Indians’ unique constitutional status from a renowned scholar

Few Americans know that Indian tribes have a legal status unique among America’s distinct racial and ethnic groups: They are also sovereign governments that engage in governmental relations with Congress. The self-rule of Native tribes long predates the founding of the United States, and that peculiar status has led to legal and political disputes—with vast sums of money hanging in the balance. From cigarette taxes to control of environmental resources to gambling law, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise.

In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries and demonstrates their common thread throughout history, giving us an accessible entry point into a vital facet of Indian history. American Indians and the Law provides an overview of the major events, the differing principles, and the evolving perspectives that have governed relations among the tribes, the federal government, and the states since the founding of this country.

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

304 pages, Hardcover

First published January 31, 2008

Reviews

[Christina · Rating 5 out of 5]

Absolutely phenomenal. This should be required reading for all students. Which students? All of them!!! But really, those in high school, college, and/or law school. My resolve to homeschool my hypothetical children has never been stronger.

(Edit: I forgot to mention I only read this book because of Lousie Erdrich's The Round House!!! No educational institution ever provided this knowledge!!!)

[LauraLee · Rating 4 out of 5]

This book is excellent both in law and history. If you have an interest in the rights of American Indians and the tribes in general you will really enjoy this book.

[James · Rating 4 out of 5]

I learned that tribal legal status began as sovereign [self-government] that differed from that of other cultural groups predating the establishment of the US. In Johnson v McIntosh (1823), the Supreme Court applied the 'discovery doctrine' meaning that American Indians became guests in their ancestral lands. Later in that century, Congress subsumed American Indian sovereignty into the scope of national power. Johnson v McIntosh is the most important Indian rights opinion ever issued by any court of law in the United States (73)." Although American Indians became citizens (1924), they remained subject to the authority of Congress. The persistence of racism appears in many Indian cases and policies.

[J. · Rating 5 out of 5]

Excellent book. Difficult read as its long and detailed but I loved it. Covers history and law from past to present - makes an excellent reference document with everything in one place.

Everything you always wanted to know about Tribal Law but didn't know where to look.

[Cassy]

Who recommended this book to me: Interest in reading entire series curated by Calloway, first discovered at Smithsonian

[Alan · Rating 2 out of 5]

The most boring offer from Modern Scholar. I was interested in the subject and I know of some interesting cases, but this isn't the entry point I would recommend.