Review (PDF) Broken Landscape: Indians, Indian Tribes, And The Constitution
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's recognition 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, Broken Landscape challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.
Paperback: 424 pages
Publisher: Oxford University Press; Reprint edition (March 1, 2012)
Language: English
ISBN-10: 0199915733
ISBN-13: 978-0199915736
Product Dimensions: 9.2 x 1.1 x 6.1 inches
Shipping Weight: 1.4 pounds (View shipping rates and policies)
Average Customer Review: 4.0 out of 5 stars See all reviews (1 customer review)
Best Sellers Rank: #674,564 in Books (See Top 100 in Books) #46 in Books > Law > Administrative Law > Indigenous Peoples #99 in Books > Law > Business > Arbitration, Negotiation & Mediation #465 in Books > Textbooks > Law > Constitutional Law
In Gutzman's and Woods's "Who Killed the Constitution," they describe numerous events and court decisions in our history that marked the end of the Constitution's power over our government. In essence the Constitution is dead. Frank Pommersheim in his book on the Native-Americans' treatment by our government, states that they had been given a raw deal and that the courts and Congress have totally broke away from any Constitutional moorings with regards to Indian law. In essence, the Constitution is dead to this group of people as well. Pommersheim summariized that the Constitution grants the Executive Branch with power to negoitate traties with Indian Tribes with the Senate concuring while the Legisltive Branch is given the power the regulate trade with the Indian Tribes. Other than that, there is very little in the Constitution that deals with Native-American affairs.Pommershiem goes into the early dealings with Indians from before the founding of this country to the disatrous decision of Lone Wolf v. Hitchcock which gave Congress unconstitutional "plenary" power to abrogate treaties with the Indians. The author goes into the "Marshall Trilogy." This trilogy is a set of cases that affected the Indians' right to the land that they occupied including Johnson v. M'Intosh. The second portion of the book deals with the citizenship issue and First Amendment rights of Native Americans, material that included the denial of Indians to perform certain acts according to their beliefs like gathering eagle feathers for ceremonies and using peyote. The final portion of the book deals with how modern courts have dealt with Indian issues and proposes solutions to restore tribal soveriegnty for these people.A few observations.
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