Claiming Turtle Mountain's Constitution


Book Description

In an auditorium in Belcourt, North Dakota, on a chilly October day in 1932, Robert Bruce and his fellow tribal citizens held the political fate of the Turtle Mountain Band of Chippewa Indians in their hands. Bruce, and the others, had been asked to adopt a tribal constitution, but he was unhappy with the document, as it limited tribal governmental authority. However, white authorities told the tribal nation that the proposed constitution was a necessary step in bringing a lawsuit against the federal government over a long-standing land dispute. Bruce's choice, and the choice of his fellow citizens, has shaped tribal governance on the reservation ever since that fateful day. In this book, Keith Richotte Jr. offers a critical examination of one tribal nation's decision to adopt a constitution. By asking why the citizens of Turtle Mountain voted to adopt the document despite perceived flaws, he confronts assumptions about how tribal constitutions came to be, reexamines the status of tribal governments in the present, and offers a fresh set of questions as we look to the future of governance in Native America and beyond.




Federal Indian Law and Policy


Book Description

Federal Indian Law and Policy: An Introduction is designed to help students, instructors, and others without a legal background to learn and teach about the legal landscape that shapes Native America. Covering both the historical foundations that continue to inform the present as well as hot button issues facing Native America today, each of the thirty chapters is a concise, readable synopsis of an aspect of this dynamic, ever evolving field of law. Anyone interested in any aspect of Native America, regardless of their familiarity with the law, will find their own studies, classes, and knowledge enhanced by this text.










The Invisible Constitution in Comparative Perspective


Book Description

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.




Those Who Belong


Book Description

Despite the central role blood quantum played in political formations of American Indian identity in the late nineteenth and twentieth centuries, there are few studies that explore how tribal nations have contended with this transformation of tribal citizenship. Those Who Belong explores how White Earth Anishinaabeg understood identity and blood quantum in the early twentieth century, how it was employed and manipulated by the U.S. government, how it came to be the sole requirement for tribal citizenship in 1961, and how a contemporary effort for constitutional reform sought a return to citizenship criteria rooted in Anishinaabe kinship, replacing the blood quantum criteria with lineal descent. Those Who Belong illustrates the ways in which Anishinaabeg of White Earth negotiated multifaceted identities, both before and after the introduction of blood quantum as a marker of identity and as the sole requirement for tribal citizenship. Doerfler’s research reveals that Anishinaabe leaders resisted blood quantum as a tribal citizenship requirement for decades before acquiescing to federal pressure. Constitutional reform efforts in the twenty-first century brought new life to this longstanding debate and led to the adoption of a new constitution, which requires lineal descent for citizenship.




Our Germans


Book Description

A gripping history of one of the United States' most controversial Cold War intelligence operations. Project Paperclip brought hundreds of German scientists and engineers, including aerospace engineer Wernher von Braun, to the United States in the first decade after World War II. More than the freighters full of equipment or the documents recovered from caves and hastily abandoned warehouses, the German brains who designed and built the V-2 rocket and other "wonder weapons" for the Third Reich proved invaluable to America's emerging military-industrial complex. Whether they remained under military employment, transitioned to civilian agencies like NASA, or sought more lucrative careers with corporations flush with government contracts, German specialists recruited into the Paperclip program assumed enormously influential positions within the labyrinthine national security state. Drawing on recently declassified documents from intelligence agencies, the Department of Defense, the FBI, and the State Department, Brian E. Crim's Our Germans examines the process of integrating German scientists into a national security state dominated by the armed services and defense industries. Crim explains how the Joint Intelligence Objectives Agency enticed targeted scientists, whitewashed the records of Nazis and war criminals, and deceived government agencies about the content of security investigations. Exploring the vicious bureaucratic rivalries that erupted over the wisdom, efficacy, and morality of pursuing Paperclip, Our Germans reveals how some Paperclip proponents and scientists influenced the perception of the rival Soviet threat by volunteering inflated estimates of Russian intentions and technical capabilities. As it describes the project's embattled legacy, Our Germans reflects on the myriad ways that Paperclip has been remembered in culture and national memory. As this engaging book demonstrates, whether characterized as an expedient Cold War program born from military necessity or a dishonorable episode, the project ultimately reflects American ambivalence about the military-industrial complex and the viability of an "ends justifies the means" solution to external threats.




Freedom and Indigenous Constitutionalism


Book Description

Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.




Hoosiers and the American Story


Book Description

A supplemental textbook for middle and high school students, Hoosiers and the American Story provides intimate views of individuals and places in Indiana set within themes from American history. During the frontier days when Americans battled with and exiled native peoples from the East, Indiana was on the leading edge of America’s westward expansion. As waves of immigrants swept across the Appalachians and eastern waterways, Indiana became established as both a crossroads and as a vital part of Middle America. Indiana’s stories illuminate the history of American agriculture, wars, industrialization, ethnic conflicts, technological improvements, political battles, transportation networks, economic shifts, social welfare initiatives, and more. In so doing, they elucidate large national issues so that students can relate personally to the ideas and events that comprise American history. At the same time, the stories shed light on what it means to be a Hoosier, today and in the past.




Reading American Indian Law


Book Description

Approaches the study of Indian law through the lens of 16 of the most impactful law review articles.