American Indian Law Deskbook

By Hardy Myers; Clay Smith | Go to book overview
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Foreword to Third Edition xvii
Foreword to Second Edition xix
Foreword to First Edition xxi
Chapter 1
Federal Indian Law Policy: Origins and Legal Development 1
I. Judicial Foundations of Federal Indian Policy 1
A. The Marshall Trilogy 1
B. Federal Common Law Application of Marshall Trilogy Principles 5
1. Tribes' extraconstitutional sovereign status 6
2. Plenary power doctrine 7
3. Indian trust doctrine 10
4. Indian canons of construction 17
II. Evolution of Federal Indian Policy: Congress and the Executive Branch 21
A. The Trade and Intercourse Acts Period: 1789 to 1887 22
B. The General Allotment Act Period: 1887 to 1934 27
C. The Indian Reorganization Act and Subsequent Legislation: 1934 to the Present 31
Chapter 2
Indian, Indian Tribe, and Indian Country 38
I. Indian 38
A. Federal Law and the Definition of Indian 39
1. Federal common law—based Indian status 39
2. Statutorily based Indian status 42
B. Indian Status and the Fifth Amendment's Due Process Clause 43
II. Indian Tribe 47


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