American Indians, Time, and the Law: Native Societies in a Modern Constitutional DemocracyYale University Press, 1987年1月1日 |
內容
| 32 | |
The Elevation of Tribalism | 53 |
Territorial Jurisprudence | 87 |
53 | 98 |
The Nexus with Legitimate Tribal Interests | 106 |
Conclusion | 120 |
Notes | 133 |
Index | 158 |
其他版本 - 查看全部
常見字詞
aboriginal allotment amended Arizona State Tax authority civil Claims codified Cohen Colville Indian Reservation Commercial Passenger Fishing Congress congressional Constitution construing Crow Tribe decision doctrine enacted executive order existence expressly federal court fishing rights Fort Berthold Reservation geographical preemption governmental Indian affairs Indian country Indian reservations Indian tribes individual Indians infra involved issues Jicarilla Apache Jicarilla Apache Tribe judicial jurisdiction Justice Kootenai Tribes legislation limited McClanahan Menominee Tribe Merrion modern Montana Mountain Apache Tribe Navajo Negotiation non-Indians Oneida opinion political protection Prucha Public Law 280 Puyallup Tribe recognized Record Group 75 regulation rule Santa Clara Pueblo sovereign immunity Stat statutes Supreme Court Tax Comm'n termination territorial text accompanying Ch Three Affiliated Tribes treaties and treaty treaty substitutes tribal court tribal governments tribal lands tribal powers tribal self-government tribal sovereignty Tribe of Indians United upholding Washington State Commercial White Mountain Apache Worcester
熱門章節
第 200 頁 - The constitution, by declaring treaties already made, as well as those to be made, to be the supreme law of the land, has adopted and sanctioned the previous treaties with the Indian nations, and, consequently, admits their rank among those powers who are capable of making treaties. The words " treaty " and " nation " are words of our own language, selected in our diplomatic and legislative proceedings by ourselves, having each a definite ^ and well understood meaning. We * have applied them to Indians,...
第 56 頁 - The Indian nations had always been considered as distinct, independent political communities, retaining their original natural rights, as the undisputed possessors of the soil, from time immemorial, with the single exception of that imposed by irresistible power, which excluded them from intercourse with any other European potentate than the first discoverer of the coast of the particular region claimed: and this was a restriction which those European potentates imposed on themselves, as well as...
第 25 頁 - These Indian tribes are the wards of the nation. They are communities dependent on the United States.
第 49 頁 - State to the same extent that such State has jurisdiction over other civil causes of action, and those civil laws of such State that are of general application to private persons or private property shall have the same force and effect within such Indian country as they have elsewhere within the State...
第 55 頁 - America, separated from Europe by a wide ocean, was inhabited by a distinct people, divided into separate nations, independent of each other and of the rest of the world, having institutions of their own, and governing themselves by their own laws.
第 89 頁 - Company; as also all the lands and territories lying to the westward of the sources of the rivers which fall into the sea from the west and northwest...
第 58 頁 - Perhaps the most basic principle of all Indian law, supported by a host of decisions hereinafter analyzed, is the principle that those powers which are lawfully vested in an Indian tribe are not, in general, delegated powers granted by express acts of Congress, but rather inherent powers of a limited sovereignty which has never been extinguished.
第 179 頁 - California were being patented by private parties, it would "be impossible for the people of the United States to continue ownership of oil lands for more than a few months. After that the government will be obliged to repurchase the very oil that it has practically given away.