Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-586b7cd67f-t7czq Total loading time: 0 Render date: 2024-11-27T16:56:42.490Z Has data issue: false hasContentIssue false

7 - Beyond Indian Law: The Rehnquist Court’s Pursuit of States’ Rights, Color-Blind Justice, and Mainstream Values

from Part II - Voices

Published online by Cambridge University Press:  11 December 2019

By
David H. Getches
Edited by
Grant Christensen  and
Melissa L. Tatum
Grant Christensen
Affiliation:
University of North Dakota
Melissa L. Tatum
Affiliation:
University of Arizona
Get access

Summary

Beyond Indian Law: documents the Rehnquist Court’s shift away from jurisprudence that permitted a sovereign people to control their own territory, and the people within it, and toward a ‘subjectivist approach’ that allows the Supreme Court to determine what Indian law ought to be. It places this shift within a broader narrative of the Court deviating from well-established interpretive principles. Getches ultimately critiques the signals the Rehnquist Court has sent in its existing jurisprudence and warns that future cases will see state interests prevail in their control of the reservation, attempts to protect Indians as sovereigns will fail, and that mainstream values will be protected.

Keywords

Rehnquistplenary powercanons of constructionIndian lawfederalism
Type
Chapter
Information
Reading American Indian Law
Foundational Principles
 , pp. 164 - 187
Publisher: Cambridge University Press
Print publication year: 2019

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Further Reading

Christensen, Grant, Judging Indian Law: What Factors Influence Individual Justice’s Votes on Indian Law in the Modern Era, 43 U. Tol. L. Rev. 267 (2012).Google Scholar
Fletcher, Matthew L. M., Indian Courts and Fundamental Fairness: ‘Indian Courts and the Future’ Revisited, 84 U. Colo. L. Rev. 59 (2013).Google Scholar
Getches, David, Conquering the Cultural Frontier: The New Subjectivism of The Supreme Court in Indian Law, 84 Cal. L. Rev. 1573 (1996).Google Scholar
Gould, L. Scott, The Consent Paradigm: Tribal Sovereignty at the Millennium, 96 Colum. L. Rev. 809 (1996).Google Scholar
Johnson, Ralph W. & Martinis, Berry, Chief Justice Rehnquist and the Indian Law Cases, 16 Pub. Land L. Rev. 1 (1997).Google Scholar
Koehn, Melissa L., The New American Caste System: The Supreme Court and Discrimination among Civil Rights Plaintiffs, 32 Mich. J.L. Ref. 49 (1998).Google Scholar
LaVelle, John, Sanctioning a Tyranny: The Diminishment of Ex Parte Young, Expansion of Hans Immunity, and Denial of Indian Rights in Coeur d’Alene Tribe, 31 Ariz. St. L.J. 787 (1999).Google Scholar
Skibine, Alexander Tallchief, The Supreme Court’s Last 30 Years of Federal Indian Law: Looking for Equilibrium or Supremacy?, 8 Colum. J. Race & L. 22 (2018).Google Scholar
Williams, Robert A. Jr., Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America (University of Minnesota Press 2005).CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×