American Indians and state law : sovereignty, race, and citizenship, 1790-1880 / Deborah A. Rosen.
2007
KF8205 .R67 2007 (Mapit)
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Author
Title
American Indians and state law : sovereignty, race, and citizenship, 1790-1880 / Deborah A. Rosen.
Imprint
Lincoln : University of Nebraska Press, [2007]
Copyright
©2007
Description
xvii, 340 pages ; 24 cm
Formatted Contents Note
Introduction: The colonial foundations of Indian policy
Tribal sovereignty and state jurisdiction
The state sovereignty argument for local regulation
Slavery, the law of nations, and racial classification
Indians and racial discrimination
Debating race, culture, and political status
State citizenship by legislative action
The politics of Indian citizenship
Conclusion: State law and direct rule over Indians
Appendix.
Tribal sovereignty and state jurisdiction
The state sovereignty argument for local regulation
Slavery, the law of nations, and racial classification
Indians and racial discrimination
Debating race, culture, and political status
State citizenship by legislative action
The politics of Indian citizenship
Conclusion: State law and direct rule over Indians
Appendix.
Summary
Publisher description: 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.
Bibliography, etc. Note
Includes bibliographical references (pages 299-325) and index.
Available in Other Form
Online version: Rosen, Deborah A., 1955- American Indians and state law. Lincoln : University of Nebraska Press, ©2007
Call Number
KF8205 .R67 2007
Language
English
ISBN
9780803239685 (cloth ; alkaline paper)
0803239688 (cloth ; alkaline paper)
9780803227989 (paperback)
0803227981 (paperback)
0803239688 (cloth ; alkaline paper)
9780803227989 (paperback)
0803227981 (paperback)
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