1
Julian Aguilar
Journalism 5050
9/15/03
Outline: The Encyclopedia of Native American Legal Tradition
I. Forward
A. Charles Riley Cloud
1. Member of the Cherokee Nation of Oklahoma
2. Only federally recognized member of an Indian tribe to serve as a state
judge in Virginia
B.
Tone setting
1. History Channel/Jamestown example
a. Legal system was presumably imported from England
b. No mention of prior, organized government by Native
Americans
c. “Caucus”
1. Indian word
2. No English translation
C. Being “written out of history”
1.
Columbia University professor Henry Graff
a. Bill of Rights as a “homegrown product”
2. U.S. Supreme Court Chief Justice Warren Berger
3. John Adams
a. Defence of the Constitutions of the Governments of the United
States of America
2
1. urged the Constitutional Convention to study Indian
law as examples of separation of powers
D. Origin of the word “American”
1. Webster’s Dictionary
a. Indian of North or South America (p. 86)
b. generalization of the word
1. applies to many people outside of the United States
2. informal poll
a. 40% of people asked say that they have some Indian blood
b. most people cannot trace specifically
c. lineage traced orally
II.
Introduction
A. Author’s purpose
1. “First attempt in book form to inject traditional Native American
legal and political systems into the study of law in the United
States” (p.1)
B. Includes major nations
1. Iroquois
2. Cherokee
3. Sioux
4. Pueblo
5. Many, many more…
C. Quantifies Native American influence on U.S. law
3
1. 1970-1981
a. Supreme Court construed 22 laws before 1800 (8 involved
Indians)
b. Interpretations of laws between 1800-1850 (14 involved
Indians)
D. Explains layout of book
1. cross references
2. alphabetical order
III.
Book as a Navigational Tool
A. Many references to other books (more than an ordinary works cited page)
1. Every chapter suggests further readings
a. Reading suggestions that relate to broad topics
b. Reading suggestions that relate to a specific topic
1. After the entry for The Indian Depredation Act
(1891), a reading list specific to that topic is
listed
B. How this book can be useful to a journalist
1. research is made easier
a. cross-referencing
b. more specific information
c. faster
IV.
Terminology
A. The word “Indian” or “Native American”
4
1. the word “Indian” is used in official legislative titles and acts as
late as 1983
2. the words “Native American” are used in official legislative titles
and acts as early as 1959
3. the book does not offer any information on a preferred or
appropriate term
B. relation to other minority groups
1. “African-American” or “black”
2. “Hispanic” or “Latino”
V.
Literary Value
A. Certain entries and descriptions read like literature
1. increases the ability of book to articulate Native American
culture and tradition
a. Mi’kmaw (Micmaq) example
1. petroglyph in Nova Scotia
2. explains the organization of the Mi’kmaw
society
2. helps define differences between different tribes and nations
a. Apache’s
1. society centered around groups of two to six
matrilocal families
2. heads were determined through assumed role
and general consensus
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b. Aztecs
1. Each person born into a social class
2. Heads of groups or organizations believed to be
descendants of Acamapichtli, a Toltec prince
VI.
Examples of Major Legal Entries and Analysis
A. General Allotment Act (Dawes Act)
1. Congress passes in 1887
2. Reputation as legislation that began to open the door to
settlements on Indian land by non-Indians
a. land distribution in South Dakota (Sioux tribes)
b. land distribution in Montana (Crow, Flathead and Black feet)
c. land distribution Oklahoma (Kiowa, Cheyenne and Apache)
3. important because of historical and traditional perspective of “the
white invaders”
B. Native American Graves Protection and Repatriation Act
1. Passes in 1990
2. protects Native Americans against the selling of their remains
and burial artifacts
3. enforces that museums keep inventory of and return property
belonging to Native American tribes and nations
C. Indian Gaming Regulatory Act
1. set forth regulations for gaming in Indian Country
2. origins traced back to Seminoles and the bingo industry
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3. passes in 1988
D. Major Crimes Act
1. gave the federal government jurisdiction over 14 major crimes
that occur in Indian Country
2. passed in 1885 after a murder on a Sioux reservation
3. further example of the federal governments repression of Native
American sovereignty
4. Native Americans courts now limited trying very minor cases
End of Outline #1
-Aguilar O1-