Product Description
Crow Dog’s Case is the first social history of American Indians’ role in the making of American law. The book sheds new light on Native American struggles for sovereignty and justice in nineteenth century America. This “century of dishonor,” a time when American Indians’ lands were lost and their tribes reduced to reservations, provoked a wide variety of tribal responses. Some of the more successful responses were in the area of law, forcing the newly independent … More >>
Most people don’t realize that until the Congressional response to the Supreme Court case Ex Parte Crow Dog, Indian tribal governments had full jurisdiction over all matters in their territory. In other words, there was no federal intrusion into crimes or civil matters arising on Indian lands. The decision in Crow Dog actually AFFIRMED tribal sovereignty, but because the Lakota jurisprudence of murder cases was so offensive to the white society, Congress passed the Major Crimes Act. Ever since, the federal government has intruded on the sovereignty of indigenous nations on this continent. Other Congressional acts have further eroded tribal sovereignty (such as the Indian Civil Rights Act) but it all started with Crow Dog. This book is a superb historical account of the real people behind the Crow Dog case, and also offers an excellent analysis of the motives behind those who advocated for the passage of the Major Crimes Act. Any true scholar of Federal Indian Law should read this book.
Rating: 5 / 5