Broken Landscape

Informationen zum Autor Frank Pommersheim teaches at the University of South Dakota School of Law, where he specializes in Indian law. Prior to joining the faculty in 1984, he lived and worked on the Rosebud Sioux Reservation for ten years. He currently serves on a number of tribal appellate courts throughout Indian country including Chief Justice for the Cheyenne River Sioux Tribal Court of Appeals and Associate Justice for the Mississippi Band of Choctaw Supreme Court. Heis the author of Braid of Feathers: American Indian Law & Contemporary Tribal Life and three books of poetry. He lives in Vermillion, South Dakota. Klappentext Broken Landscape is a sweeping chronicle of the ways that Indian tribal sovereignty is recognized within the Constitution and as it has been interpreted and misinterpreted through legal analysis and practice over the intervening decades. Built on a history of war and usurpation of land, the relationship between Indian tribes and the United States government was formally inscribed within federal structure-a structure not mirrored in the traditions of tribalgovernance. Although the Constitution recognized the sovereignty of Indian nations, it did not safeguard tribes against the tides of national expansion and exploitation. As Broken Landscape demonstrates, the federal government has repeatedly failed to respect the tribal sovereignty recognized in the Constitution, instead favoring excessive, unaccountable authority in its dealings with tribes. The resulting legal thought regarding tribal rights, as interpreted by the United States Supreme Court and throughout contemporary Indian policymaking, has devolved from its constitutional roots, causing great harm to tribal culture and sovereignty. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Proposing an amendment to the Constitution to reestablish tribal sovereignty, Broken Landscape stands as a challenge to create and foster a living constitution that provides dignity, respect, and inclusion to Indiantribes and Indian people. Zusammenfassung Broken Landscape is a sweeping chronicle of the ways that Indian tribal sovereignty is recognized within the Constitution and as it has been interpreted and misinterpreted through legal analysis and practice over the intervening decades. Built on a history of war and usurpation of land! the relationship between Indian tribes and the United States government was formally inscribed within federal structure-a structure not mirrored in the traditions of tribalgovernance. Although the Constitution recognized the sovereignty of Indian nations! it did not safeguard tribes against the tides of national expansion and exploitation. As Broken Landscape demonstrates! the federal government has repeatedly failed to respect the tribal sovereignty recognized in the Constitution! instead favoring excessive! unaccountable authority in its dealings with tribes. The resulting legal thought regarding tribal rights! as interpreted by the United States Supreme Court and throughout contemporary Indian policymaking! has devolved from its constitutional roots! causing great harm to tribal culture and sovereignty. Frank Pommersheim! one of America's leading scholars in Indian tribal law! offers a novel and deeply researched synthesis of this legal history from colonial times to the present! confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Proposing an amendment to the Constitution to reestablish tribal sovereignty! Broken Landscape stands as a challenge to create and foster a living constitution that provides dignity! respect! and inclusion to Indiantribes and Indian people. ...

Autorentext
Frank Pommersheim teaches at the University of South Dakota School of Law, where he specializes in Indian law. Prior to joining the faculty in 1984, he lived and worked on the Rosebud Sioux Reservation for ten years. He currently serves on a number of tribal appellate courts throughout Indian country including Chief Justice for the Cheyenne River Sioux Tribal Court of Appeals and Associate Justice for the Mississippi Band of Choctaw Supreme Court. He is the author of Braid of Feathers: American Indian Law & Contemporary Tribal Life and three books of poetry. He lives in Vermillion, South Dakota.

Klappentext
Broken Landscape is a sweeping chronicle of the ways that Indian tribal sovereignty is recognized within the Constitution and as it has been interpreted and misinterpreted through legal analysis and practice over the intervening decades. Built on a history of war and usurpation of land, the relationship between Indian tribes and the United States government was formally inscribed within federal structure-a structure not mirrored in the traditions of tribal governance. Although the Constitution recognized the sovereignty of Indian nations, it did not safeguard tribes against the tides of national expansion and exploitation. As Broken Landscape demonstrates, the federal government has repeatedly failed to respect the tribal sovereignty recognized in the Constitution, instead favoring excessive, unaccountable authority in its dealings with tribes. The resulting legal thought regarding tribal rights, as interpreted by the United States Supreme Court and throughout contemporary Indian policymaking, has devolved from its constitutional roots, causing great harm to tribal culture and sovereignty. Frank Pommersheim, one of America's leading scholars in Indian tribal law, offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Proposing an amendment to the Constitution to reestablish tribal sovereignty, Broken Landscape stands as a challenge to create and foster a living constitution that provides dignity, respect, and inclusion to Indian tribes and Indian people.

Inhalt
PART I: THE EARLY ENCOUNTER; Introduction: A New Challenge to Old Assumptions; 2. Early Contact: From Colonial Encounters to the Articles of Confederation; 3. Second Opportunity: The Structure and ARchitecture of the Constitution; 4. The Marshall Trilogy: Foundational But Not Fully Constitutional?; 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorportation, and an Extraconstitutional Regime; PART II: INDIVIDUAL INDIANS AND THE CONSTITUTION; 6. Elk v. Wilkins: Exclusion, Inclusion and the Ambiguities of Citizenship; 7. Indian Citizens and the First Amendment: The Illusion of Religious Freedom?; PART III: THE MODERN ENCOUNTER; 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle; 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty?; 10. Conclusion: Imagination, Translation, and Constitutional Convergence

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