Vine Deloria - Böcker

Originally published in 1974, just as the Wounded Knee occupation was coming to an end, Behind the Trail of Broken Treaties raises disturbing questions about the status of American Indians within the American and international political landscapes. Analyzing the history of Indian treaty relations with the United States, Vine Deloria presents population and land ownership information to support his argument that many Indian tribes have more impressive landholdings than some small members of the United Nations. Yet American Indians are not even accorded status within the UN's trust territories recognition process.A 2000 study published by the Annual Survey of International and Comparative Law recommends that the United Nations offer membership to the Iroquois, Cherokee, Navajo, and other Indian tribes. Ironically, the study also recommends that smaller tribes band together to form a confederation to seek membership-a suggestion nearly identical to the one the United States made to the Delaware Indians in 1778-and that a presidential commission explore ways to move beyond the Doctrine of Discovery, under which European nations justified their confiscation of Indian lands. Many of these ideas appear here in this book, which predates the 2000 study by twenty-six years. Thus, Behind the Trail of Broken Treaties anticipates recent events as history comes full circle, making the book imperative reading for anyone wishing to understand the background of the movement of American Indians onto the world political stage.In the quarter century since this book was written, Indian nations have taken great strides in demonstrating their claims to recognized nationhood. Together with Tribes, Treaties, and Constitutional Tribulations, by Deloria and David E. Wilkins, Behind the Trail of Broken Treaties highlights the historical events that helped bring these changes to fruition. At the conclusion of Behind the Trail of Broken Treaties, Deloria states: "The recommendations made in the Twenty Points and the justification for such a change as articulated in the book may well come to pass in our lifetime." Now we are seeing his statement come true.

"Federal Indian law . . . is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries. . . . Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland."In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present state of confusion and inconsistent application in U.S. Indian law. The authors examine all sections of the Constitution that explicitly and implicitly apply to Indians and discuss how they have been interpreted and applied from the early republic up to the present. They convincingly argue that the Constitution does not provide any legal rights for American Indians and that the treaty-making process should govern relations between Indian nations and the federal government.

Baffled by the stereotypes presented by Hollywood and much historical fiction, many other Americans find the contemporary American Indian an enigma. Compounding their confusion is the highly publicized struggle of the contemporary Indian for self-determination, lost land, cultural preservation, and fundamental human rights-a struggle dramatized both by public acts of protest and by precedent-setting legal actions. More and more, the battles of American Indians are fought-and won-in the political arena and the courts.American Indians, American Justice explores the complexities of the present Indian situation, particularly with regard to legal and political rights. It is the first book to present an overview of federal Indian law in language readably accessible to the layperson. Remarkably comprehensive, it is destined to become a standard sourcebook for all concerned with the plight of the contemporary Indian.Beginning with an examination of the historical relationship of Indians and the courts, the authors describe how tribal courts developed and operate today, and how they relate to federal and state governments. They define such key legal concepts as tribal sovereignty and Indian Country. By comparing and contrasting the workings of Indian and non-Indian legal institutions, the authors illustrate how Indian tribes have adapted their customs, values, and institutions to the demands of the modern world. Describing the activities of attorneys and Indian advocates in asserting and defending Indian rights, they identify the difficulties typically faced by Indians in the criminal and civil legal arenas and explore the public policy and legal rights of Indians as regards citizenship, voting rights, religious freedom, and basic governmental services.

Until now, books about American Indian Policy have dealt with laws and acts long since adopted and in effect. In American Indian Policy in the Twentieth Century, edited by Vine Deloria, Jr., a group of writers deals with present realities and future possibilities, taking the lead in encouraging discussion and further research into areas of concern to American Indians.Against the background of the larger field of Indian affairs, these authors suggest new ways of thinking about specific problems:Joyotpaul Chaudhuri - ""American Indian Policy: An Overview""Sharon O'Brien - ""Federal Indian Policies and the International Protection of Human Rights""Fred L. Ragsdale, Jr. - ""The Deception of Geography""Michael Lacy - ""The United States and American Indians: Political Relations""Daniel McCool - ""Indian Voting""Tom Holm - ""The Crisis in Tribal Government""David L. Vinje - ""Cultural Values and Economic Development on Reservations""Robert A. Nelson and Joseph F. Sheley - ""BIA Influence on Indian Self-Determination""Mary Wallace - ""The Supreme Court and Indian Water Rights""John Petoskey - ""Indians and the First Amendment""Vine Deloria, Jr. - ""The Evolution of Federal Indian Policy Making""The articles treat both historical problems and current issues that must be confronted if Indians are to move forward to stabilize their communities and protect their rights and resources. In part speculative, the book defines many of the factors that bear on the formation of policies at the federal level, and it discusses new institutions and legislation that can assist American Indians, enabling tribal members and other individuals to better understand their present status and draw reasonable conclusions about their future. This book will be of interest in several fields of study. History and law classes, short courses on Indian affairs, tribal governments and training programs, and state agencies that deal with Indians will find it of benefit, as well as the general reader interested in the welfare and future of American Indians.

Reproduced in this two-volume set are hundreds of treaties and agreements made by Indian nations - with, among others, the Continental Congress; England, Spain, and other foreign countries; the Republic of Texas and the Confederate States; railroad companies seeking rights-of-way across Indian land; and other Indian nations. Many were made with the United States but either remained unratified by Congress or were rejected by the Indians themselves after the Senate amended them. Many others are ""agreements"" made after U.S. treaty making with Indian tribes officially ended in 1871.These documents - augmented by chapter introductions that concisely set each type of treaty in its historical and political context - these documents effectively trace the evolution of American Indian diplomacy in the United States. This volume is the first major accessible compilation since Charles Kappler's 1904 Indian Affairs, Laws and Treaties. As a group, these documents highlight American Indians' roles as active agents in international diplomatic affairs.