Broken Landscape: Indians, Indian Tribes, and the Constitution

Paperback | March 15, 2012

byFrank Pommersheim

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Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law,offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. He demonstrates that the federal government has repeatedly failed to respect the Constitution'srecognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Pommersheim argues that the Supreme Court has strayed from its Constitutional roots as well, consistently issuing decisions over two centuries that have bolstered federal power over the tribes. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, BrokenLandscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.

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Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legislators have interpreted and misinterpreted tribal sovereignty since the nation's founding. Frank Pommersheim, one of America's leading scholars in Indian tribal law,offers a novel and deeply researched synthe...

Frank Pommersheim is Professor of Law at the University of South Dakota.

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Format:PaperbackDimensions:424 pages, 9.25 × 6.12 × 0.68 inPublished:March 15, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199915733

ISBN - 13:9780199915736

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Table of Contents

Part One: The Early Encounter1. Introduction: A New Challenge to Old Assumptions2. Early Contact: From Colonial Encounters to the Article of Confederation3. Second Opportunity: The Structure and Architecture of the Constitution4. The Marshall Trilogy: Foundational but Not Fully Constitutional?5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional RegimePart Two: Individual Indians and the Constitution6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship7. Indians and the First Amendment: The Illusion of Religious Freedom?Part Three: The Modern Encounter8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle9. International Law Perspective: A New Model of Indigenous Nation Sovereignty?10. Conclusion: Imagination, Translation, and Constitutional Convergence