The American Indian occupation of Alcatraz Island was the catalyst for a more generalized movement in which Native Americans from across the country have sought redress of grievances, attempting to right the many wrongs committed against them.
In this volume, some of the dominant scholars in the field chronicle and analyze Native American activism of the 1960s and 1970s. Much of what is included here began as a special issue of the American Indian Culture and Research Journal; the introduction has been extensively modified and one chapter deleted. Importantly, the new first chapter provides extended background and historical analysis of the Alcatraz takeover and discusses its place in contemporary Indian activism.
Contributors include: Karren Baird-Olson, LaNada Boyer, Edward D. Castillo, Duane Champagne, Ward Churchill, Vine Deloria, Jr., Tim Findley, Jack D. Forbes, Adam (Nordwall) Fortunate Eagle, Lenny Foster, John Garvey, George P. Horse Capture, Troy Johnson, Luis S. Kemnitzer, Woody Kipp, Joane Nagel, Robert A. Rundstrom, Steve Talbot
American Indians, American Justice
By Vine Deloria, Jr., and Clifford M. Lytle University of Texas Press, 1983 Library of Congress KIE2812.D44 1983 | Dewey Decimal 347.73108997
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.
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.
In 1969 Vine Deloria, Jr., in his controversial book Custer Died for Your Sins, criticized the anthropological community for its impersonal dissection of living Native American cultures. Twenty-five years later, anthropologists have become more sensitive to Native American concerns, and Indian people have become more active in fighting for accurate representations of their cultures. In this collection of essays, Indian and non-Indian scholars examine how the relationship between anthropology and Indians has changed over that quarter-century and show how controversial this issue remains. Practitioners of cultural anthropology, archaeology, education, and history provide multiple lenses through which to view how Deloria's message has been interpreted or misinterpreted. Among the contributions are comments on Deloria's criticisms, thoughts on the reburial issue, and views on the ethnographic study of specific peoples. A final contribution by Deloria himself puts the issue of anthropologist/Indian interaction in the context of the century's end.
Introduction: What's Changed, What Hasn't, Thomas Biolsi & Larry J. Zimmerman
Part One--Deloria Writes Back
Vine Deloria, Jr., in American Historiography, Herbert T. Hoover
Growing Up on Deloria: The Impact of His Work on a New Generation of Anthropologists, Elizabeth S. Grobsmith
Educating an Anthro: The Influence of Vine Deloria, Jr., Murray L. Wax
Part Two--Archaeology and American Indians
Why Have Archaeologists Thought That the Real Indians Were Dead and What Can We Do about It?, Randall H. McGuire
Anthropology and Responses to the Reburial Issue, Larry J. Zimmerman
Part Three-Ethnography and Colonialism
Here Come the Anthros, Cecil King
Beyond Ethics: Science, Friendship and Privacy, Marilyn Bentz
The Anthropological Construction of Indians: Haviland Scudder Mekeel and the Search for the Primitive in Lakota Country, Thomas Biolsi
Informant as Critic: Conducting Research on a Dispute between Iroquoianist Scholars and Traditional Iroquois, Gail Landsman
The End of Anthropology (at Hopi)?, Peter Whiteley
Conclusion: Anthros, Indians and Planetary Reality, Vine Deloria, Jr.
"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.