Tribes, Treaties, and Constitutional Tribulations

Vine Deloria, Jr. (1933–2005), a Standing Rock Sioux, was active in Indian legal and political affairs for several decades. David E. Wilkins, a Lumbee, is Associate Professor of American Indian Studies and Political Science at the University of Minnesota.

"This book is unique in its thorough analysis of the entire Constitution as it relates to Indian tribes." --Rebecca Tsosie, Professor of Law and Executive Director of the Indian Legal Program, Arizona State University

• IntroductionChapter I. Europeans and the New WorldChapter II. The Articles of ConfederationChapter III. The Constitution and American Indian Tribes The Federalist PapersExplicit Clauses Dealing with IndiansImplicit Clauses Dealing with IndiansChapter IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government Indians and the Executive BranchIndians and the Legislative BranchIndians and the Judicial BranchChapter V. The Historical Development of Constitutional Clauses The Treaty-making PowerThe Power to Regulate CommerceThe Property ClauseMiscellaneous Constitutional ClausesChapter VI. The Constitutional Amendments The Bill of RightsThe First Amendment: The Establishment of ReligionThe First Amendment: The Free Exercise Clause The Lyng DecisionThe Smith DecisionThe First Amendment: Freedoms of Speech and AssemblyThe Fourth Amendment: Search and SeizureThe Fifth Amendment: Double JeopardyThe Fifth Amendment: Due ProcessThe Fifth Amendment: Just CompensationThe Sixth Amendment: Legal CounselChapter VII. The Later Constitutional Amendments The Thirteenth AmendmentThe Fourteenth Amendment: Citizenship and Due ProcessThe Fifteenth AmendmentThe Sixteenth AmendmentThe Prohibition AmendmentsThe Twenty-sixth AmendmentChapter VIII. The Status of Indian Tribes and the ConstitutionNotesReferencesIndex of CasesGeneral Index