By David E. Wilkins
"Like the miner's canary, the Indian marks the shift from clean air to poison fuel in our political surroundings; and our remedy of Indians, much more than our remedy of different minorities, displays the increase and fall in our democratic faith," wrote Felix S. Cohen, an early specialist in Indian felony affairs.
In this publication, David Wilkins charts the "fall in our democratic religion" via fifteen landmark instances within which the best court docket considerably curtailed Indian rights. He bargains compelling proof that splendid court docket justices selectively used precedents and proof, either ancient and modern, to reach at judgements that experience undermined tribal sovereignty, legitimated huge tribal land losses, sanctioned the diminishment of Indian non secular rights, and curtailed different rights as well.
These case studies—and their implications for all minority groups—make very important and troubling studying at a time whilst the very best court docket is on the vortex of political and ethical advancements which are redefining the character of yank executive, remodeling the connection among the felony and political branches, and changing the very that means of federalism.
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American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice by David E. Wilkins