BOOKS
Books were very helpful in
researching this topic. Although many of the books I found were older,
due to the historical aspects of this topic they are still relevant and
extremely informative. I searched for books on Sabio
using a combination of different subject searches. The search results included
countless books relating to Indian law and sovereignty in the United States
and Canada. I retrieved the call numbers of the books I felt would be most
informative and relevant and looked them up at both the University of Arizona
Main Library and College of Law Library. I also searced for books on the
U.S. House of Representatives Internet
Law Library on Indian Nations and Tribes. This was a very expansive
database for researching Native American resources. The following are those
I found to be most useful.
Indian Sovereignty
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By: Kirke Kickingbird, Lynn Kickingbird, Charles Chibitty, and Curtis Berkey
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Call #: Law KF8205.Z9 I53 1979
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This book was put out by the Institute for the Development of Indian Law
and is a great source for a general overview of Indian sovereignty in the
United States. It is a short book that provides a brief summary of Indian
law in the United States and how it evolved. I found it particularly helpful
as a place to start because it is very easy to understand and written in
laymans terms.
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Table of Contents: I have included the most important and relevant portions
of the table of contents for easy reference.
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What is sovereignty?
..1-13
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General Definition
.1
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European Origins
..2
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Sovereignty and Independence
..3
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The international recognition of sovereignty
.3
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How is sovereignty related to nations, government, politics?
..4
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What are the powers exercised by sovereign nations?
..4
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Are Indian nations sovereign?
5
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What are the sovereign powers exercised by Indian nations?
...7
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The power to determine form of government
.8
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The power to define conditions for membership in the nation
..9
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The power to administer justice and enforce laws
10
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The power to tax
10
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The power to regulate domestic relations of it members
..11
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The power to regulate property use ..
...11
Conclusion
12
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Indian Sovereignty and the United States Government
..15-33
A. Sovereignty and the United States Congress
..16
B. Congressional limitations on exercise of powers
17
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Indian Trade and Intercourse Act
..18
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Indian Removal Act of 1830
..18
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Amendments to Treaties
.19
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Appropriation Acts
.19
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The Major Crimes Act
20
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General Allotment Act
20
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Legislation Affecting the Five Civilized Tribes
.21
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The Indian Reorganization Act
..21
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Public Law 280
22
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Indian Civil Rights Act
22
Conclusion
24
B. Sovereignty and the Executive Branch
..24
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Sovereignty and the U.S. Courts
..29
Native Rights In Canada
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By: Peter A. Cumming and Neil H. Mickenberg
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Call #: Law Commonwealth KE7709 N3 (1972)
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This book provides a comprehensive look at the law of indigenous peoples
in Canada. The book is an depth study of aboriginal rights, how they have
been traditionally defined by Canada and how they evolved. The authors
take you from European settlement to current issues on hunting, fishing,
and mineral rights. This is a great book for historical perspective on
aboriginal rights, but is too old to provide information on the current
Canadian policy in effect since the Constitutional amendments of 1982.
Aboriginal Peoples and the Law: Indian, Metis, and Inuit Rights in Canada
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Call #: Main Library KE7709.A26 1985
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This is a great source for both a historical look at the treatment of indigenous
people in Canada and a modern look at the constitutional enactments and
amendments of the early 1980s. The book gives a detailed history of Indian
policy in Canada and where it stands as of 1985.
American Indian Studies: An interdisciplinary approach to contemporary
issues
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Call #: Main Library E76.6.A44 1997
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Many of the issues covered in this book dont pertain to sovereignty directly,
but there is a section highlighting current topics of interest and discussion
concerning the sovereignty and self-determination of Indian nations. This
provides a modern look at current law and controversial issues in this
area.
Partial Justice: Federal Indian Law in a Liberal Constitutional System
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By: Petra T. Shattuck and Jill Norgren
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Call #: KF8205 S47 1990
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This book discusses the cases and legislation most influential in the development
of Indian policy in the United States. It provides a detailed analysis
of the most important cases and congressional acts. This is a very comprehensive
source and is a pretty advanced account of the development of Indian law
in the United States. It is a good source, but not as easy to read as some
of the other sources listed.
Home and Native Land: Aboriginal Rights and the Canadian Constitution
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By: Michael Asch
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Call #: Law Commonwealth KE7709 A85 1984
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This book gives a comprehensive look at aboriginal rights in Canada ranging
from the time of European settlement to the constitutional amendments of
the early 1980s. It gives a detailed account of the evolution of native
rights and how Canadian policy has changed since the earliest dealings
with its indigenous populations. This is a great source for deciphering
the origins of Canada's Indian Law and policy.
Retained by the People: A History of American Indians and the Bill of
Rights
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John R. Wunder
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Call #: KF8205 W86 1994
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This provides a great historical perspective of Indian rights in the United
States. It discusses the most important case law and the origins of Indian
legislation from the days of European settlement to the present. It gives
a very detailed account of the history of Indian rights in the United States.
It is pretty easy reading, as it is not as wordy and technical as some
of the other sources.
American Indian Sovereignty and the U.S. Supreme Court
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David E. Wilkins
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Call #: Law KF8205 W527 1997
This is an excellent account of the role the United States Supreme
Court has played in defining native rights and developing Indian law and
policy in the United States. It is a comprehensive and detailed look at
the most influential case law and its implications.
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