American Indians and State Law: Sovereignty, Race, and Citizenship, 1790-1880 by Deborah A. RosenAmerican Indians and State Law: Sovereignty, Race, and Citizenship, 1790-1880 by Deborah A. Rosen

American Indians and State Law: Sovereignty, Race, and Citizenship, 1790-1880

byDeborah A. Rosen

Paperback | July 1, 2009

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American Indians and State Law examines the history of state and territorial policies, laws, and judicial decisions pertaining to Native Americans from 1790 to 1880. Belying the common assumption that Indian policy and regulation in the United States were exclusively within the federal government’s domain, the book reveals how states and territories extended their legislative and judicial authority over American Indians during this period. Deborah A. Rosen uses discussions of nationwide patterns, complemented by case studies focusing on New York, Georgia, New Mexico, Michigan, Minnesota, Louisiana, and Massachusetts, to demonstrate the decentralized nature of much of early American Indian policy.

This study details how state and territorial governments regulated American Indians and brought them into local criminal courts, as well as how Indians contested the actions of states and asserted tribal sovereignty. Assessing the racial conditions of incorporation into the American civic community, Rosen examines the ways in which state legislatures treated Indians as a distinct racial group, explores racial issues arising in state courts, and analyzes shifts in the rhetoric of race, culture, and political status during state constitutional conventions. She also describes the politics of Indian citizenship rights in the states and territories. Rosen concludes that state and territorial governments played an important role in extending direct rule over Indians and in defining the limits and the meaning of citizenship.

Deborah A. Rosen is a professor of history at Lafayette College in Easton, Pennsylvania. She is the author of Courts and Commerce: Gender, Law, and the Market Economy in Colonial New York and coeditor of Early American Indian Documents: Treaties and Laws, 1607–1789, volumes 15, 16, and 17.
Title:American Indians and State Law: Sovereignty, Race, and Citizenship, 1790-1880Format:PaperbackDimensions:360 pages, 9 × 6 × 0.68 inPublished:July 1, 2009Publisher:UNP - Nebraska PaperbackLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0803227981

ISBN - 13:9780803227989

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Table of Contents


List of Tables    000

Preface     000


Introduction: The Colonial Foundations of Indian Policy     000


Part 1: Sovereignty

1. Tribal Sovereignty and State Jurisdiction    000

2. The State Sovereignty Argument for Local Regulation      000


Part 2: Race

3. Slavery, the Law of Nations, and Racial Classification   000

4. Indians and Racial Discrimination      000

5. Debating Race, Culture, and Political Status 000


Part 3: Citizenship

6. State Citizenship by Legislative Action      000

7. The Politics of Indian Citizenship     000


Conclusion: State Law and Direct Rule over Indians    000


Appendix    000

Notes 000

Bibliography      000

Index 000

Editorial Reviews

"This is an important book for legal history as well as American Indian history. The extent of state law intrusion into tribal affairs is now clearly delineated."—Gordon Morris Bakken, Journal of the West
- Gordon Morris Bakken - Journal of the West