"Like the miner's canary, the Indian marks the shift from fresh
air to poison gas in our political atmosphere; and our treatment of
Indians, even more than our treatment of other minorities, reflects
the rise and fall in our democratic faith," wrote Felix S. Cohen,
an early expert in Indian legal affairs.
In this book, David Wilkins charts the "fall in our democratic
faith" through fifteen landmark cases in which the Supreme Court
significantly curtailed Indian rights. He offers compelling
evidence that Supreme Court justices selectively used precedents
and facts, both historical and contemporary, to arrive at decisions
that have undermined tribal sovereignty, legitimated massive tribal
land losses, sanctioned the diminishment of Indian religious
rights, and curtailed other rights as well.
These case studies--and their implications for all minority
groups--make important and troubling reading at a time when the
Supreme Court is at the vortex of political and moral developments
that are redefining the nature of American government, transforming
the relationship between the legal and political branches, and
altering the very meaning of federalism.
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