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The history and politics of American Indians’ unique constitutional status from a renowned scholar

Few Americans know that Indian tribes have a legal status unique among America’s distinct racial and ethnic groups: They are also sovereign governments that engage in governmental relations with Congress. The self-rule of Native tribes long predates the founding of the United States, and that peculiar status has led to legal and political disputes—with vast sums of money hanging in the balance. From cigarette taxes to control of environmental resources to gambling law, the history of American Indians and American law has been one of clashing values and sometimes uneasy compromise.

In this clear-sighted account, American Indian scholar N. Bruce Duthu explains the landmark cases in Indian law of the past two centuries and demonstrates their common thread throughout history, giving us an accessible entry point into a vital facet of Indian history. American Indians and the Law provides an overview of the major events, the differing principles, and the evolving perspectives that have governed relations among the tribes, the federal government, and the states since the founding of this country..
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A small group of Indians known as the Honey Lake Maidus are very much alive today in the valley of the Susan River of northeast California. As a tribe, however, they do not exist. This is because they have not been acknowledged, a process by which the federal government officially recognizes Indian tribes.

By contrast, other California Indian tribes have won federal recognition and come to represent a driving force behind most Indian legislation, including laws to regulate Indian casinos. Their political power and economic prosperity, however, has incurred resentment. Caught in this web of contending political forces are hundreds of small Indian groups, peoples like the Honey Lake Maidus who, because they lack federal recognition, cannot protect their cultures and secure their futures. They are also unable to undertake economic endeavors that would provide care for their children and elders.

In Quest for Tribal Acknowledgment, Sara-Larus Tolley, an anthropologist who has worked for the Honey Lake Maidus for several years, recounts the group's efforts to obtain recognition. In 1999, the tribe gained funding to work full-time on its petition, which it submitted to the government in 2001. While the Honey Lake Maidus wait for their application to gain "active" status, they continually update and refine its contents. And like hundreds of other unrecognized Indian groups seeking acknowledgment, they hope for the future..
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Earlier studies of subsidized housing assume that segregation is a manifestation of white prejudice, and that the Fair Housing Act of 1968 would significantly remedy inequalities in housing and, in the process, narrow the socioeconomic gap between racial groups. This book argues, on the contrary, that segregation by race and income has been an integral part of federal housing policy from its inception and that white prejudice merely obscures the federal government's role in maintaining segregation. Despite formal claims of providing decent, safe, and sanitary housing for the poor, the authors show how federal low-income housing programs have been used as instruments of urban renewal while doing little to realize their formal goals. The authors use a historical and statistical review of federally subsidized low-rent housing to demonstrate their thesis..
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This digital document is an article from William and Mary Law Review, published by College of William and Mary, Marshall Wythe School of Law on February 1, 2005. The length of the article is 16479 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Dual constitutions and constitutional duels: separation of powers and state implementation of federally inspired regulatory programs and standards.(Dual Enforcement of Constitutional Norms)
Author: Jim Rossi
Publication:William and Mary Law Review (Refereed)
Date: February 1, 2005
Publisher: College of William and Mary, Marshall Wythe School of Law
Volume: 46 Issue: 4 Page: 1343(42)

Distributed by Thomson Gale.
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