The Legal Ideology of Removal

The Legal Ideology of Removal

Author: Tim Alan Garrison

Publisher: University of Georgia Press

Published: 2009

Total Pages: 350

ISBN-13: 0820334170

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This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.


Book Synopsis The Legal Ideology of Removal by : Tim Alan Garrison

Download or read book The Legal Ideology of Removal written by Tim Alan Garrison and published by University of Georgia Press. This book was released on 2009 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study is the first to show how state courts enabled the mass expulsion of Native Americans from their southern homelands in the 1830s. Our understanding of that infamous period, argues Tim Alan Garrison, is too often molded around the towering personalities of the Indian removal debate, including President Andrew Jackson, Cherokee leader John Ross, and United States Supreme Court Justice John Marshall. This common view minimizes the impact on Indian sovereignty of some little-known legal cases at the state level. Because the federal government upheld Native American self-dominion, southerners bent on expropriating Indian land sought a legal toehold through state supreme court decisions. As Garrison discusses Georgia v. Tassels (1830), Caldwell v. Alabama (1831), Tennessee v. Forman (1835), and other cases, he shows how proremoval partisans exploited regional sympathies. By casting removal as a states' rights, rather than a moral, issue, they won the wide support of a land-hungry southern populace. The disastrous consequences to Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles are still unfolding. Important in its own right, jurisprudence on Indian matters in the antebellum South also complements the legal corpus on slavery. Readers will gain a broader perspective on the racial views of the southern legal elite, and on the logical inconsistencies of southern law and politics in the conceptual period of the anti-Indian and proslavery ideologies.

The President and Immigration Law

The President and Immigration Law

Author: Adam B. Cox

Publisher: Oxford University Press

Published: 2020-08-04

Total Pages: 361

ISBN-13: 0190694386

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Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.


Book Synopsis The President and Immigration Law by : Adam B. Cox

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Toward Cherokee Removal

Toward Cherokee Removal

Author: Adam J. Pratt

Publisher: University of Georgia Press

Published: 2020-11-01

Total Pages: 239

ISBN-13: 0820358266

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Cherokee Removal excited the passions of Americans across the country. Nowhere did those passions have more violent expressions than in Georgia, where white intruders sought to acquire Native land through intimidation and state policies that supported their disorderly conduct. Cherokee Removal and the Trail of Tears, although the direct results of federal policy articulated by Andrew Jackson, were hastened by the state of Georgia. Starting in the 1820s, Georgians flocked onto Cherokee land, stole or destroyed Cherokee property, and generally caused havoc. Although these individuals did not have official license to act in such ways, their behavior proved useful to the state. The state also dispatched paramilitary groups into the Cherokee Nation, whose function was to intimidate Native inhabitants and undermine resistance to the state’s policies. The lengthy campaign of violence and intimidation white Georgians engaged in splintered Cherokee political opposition to Removal and convinced many Cherokees that remaining in Georgia was a recipe for annihilation. Although the use of force proved politically controversial, the method worked. By expelling Cherokees, state politicians could declare that they had made the disputed territory safe for settlement and the enjoyment of the white man’s chance. Adam J. Pratt examines how the process of one state’s expansion fit into a larger, troubling pattern of behavior. Settler societies across the globe relied on legal maneuvers to deprive Native peoples of their land and violent actions that solidified their claims. At stake for Georgia’s leaders was the realization of an idealized society that rested on social order and landownership. To achieve those goals, the state accepted violence and chaos in the short term as a way of ensuring the permanence of a social and political regime that benefitted settlers through the expansion of political rights and the opportunity to own land. To uphold the promise of giving land and opportunity to its own citizens—maintaining what was called the white man’s chance—politics within the state shifted to a more democratic form that used the expansion of land and rights to secure power while taking those same things away from others.


Book Synopsis Toward Cherokee Removal by : Adam J. Pratt

Download or read book Toward Cherokee Removal written by Adam J. Pratt and published by University of Georgia Press. This book was released on 2020-11-01 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cherokee Removal excited the passions of Americans across the country. Nowhere did those passions have more violent expressions than in Georgia, where white intruders sought to acquire Native land through intimidation and state policies that supported their disorderly conduct. Cherokee Removal and the Trail of Tears, although the direct results of federal policy articulated by Andrew Jackson, were hastened by the state of Georgia. Starting in the 1820s, Georgians flocked onto Cherokee land, stole or destroyed Cherokee property, and generally caused havoc. Although these individuals did not have official license to act in such ways, their behavior proved useful to the state. The state also dispatched paramilitary groups into the Cherokee Nation, whose function was to intimidate Native inhabitants and undermine resistance to the state’s policies. The lengthy campaign of violence and intimidation white Georgians engaged in splintered Cherokee political opposition to Removal and convinced many Cherokees that remaining in Georgia was a recipe for annihilation. Although the use of force proved politically controversial, the method worked. By expelling Cherokees, state politicians could declare that they had made the disputed territory safe for settlement and the enjoyment of the white man’s chance. Adam J. Pratt examines how the process of one state’s expansion fit into a larger, troubling pattern of behavior. Settler societies across the globe relied on legal maneuvers to deprive Native peoples of their land and violent actions that solidified their claims. At stake for Georgia’s leaders was the realization of an idealized society that rested on social order and landownership. To achieve those goals, the state accepted violence and chaos in the short term as a way of ensuring the permanence of a social and political regime that benefitted settlers through the expansion of political rights and the opportunity to own land. To uphold the promise of giving land and opportunity to its own citizens—maintaining what was called the white man’s chance—politics within the state shifted to a more democratic form that used the expansion of land and rights to secure power while taking those same things away from others.

Their Right to Speak

Their Right to Speak

Author: Alisse PORTNOY

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 307

ISBN-13: 0674042220

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In this groundbreaking study, Portnoy links antebellum Indian removal debates with crucial, simultaneous debates about African Americans--abolition of slavery and African colonization--revealing ways European American women negotiated prohibitions to make their voices heard. Situating the debates within contemporary, competing ideas about race, religion, and nation, Portnoy examines the means by which women argued for a "right to speak" on national policy.


Book Synopsis Their Right to Speak by : Alisse PORTNOY

Download or read book Their Right to Speak written by Alisse PORTNOY and published by Harvard University Press. This book was released on 2009-06-30 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking study, Portnoy links antebellum Indian removal debates with crucial, simultaneous debates about African Americans--abolition of slavery and African colonization--revealing ways European American women negotiated prohibitions to make their voices heard. Situating the debates within contemporary, competing ideas about race, religion, and nation, Portnoy examines the means by which women argued for a "right to speak" on national policy.

From Bureaucracy to Bullets

From Bureaucracy to Bullets

Author: Bree Akesson

Publisher: Rutgers University Press

Published: 2022-02-11

Total Pages: 287

ISBN-13: 1978802730

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There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly? From Bureaucracy to Bullets answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue.


Book Synopsis From Bureaucracy to Bullets by : Bree Akesson

Download or read book From Bureaucracy to Bullets written by Bree Akesson and published by Rutgers University Press. This book was released on 2022-02-11 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: There are currently a record-setting number of forcibly displaced persons in the world. This number continues to rise as solutions to alleviate humanitarian catastrophes of large-scale violence and displacement continue to fail. The likelihood of the displaced returning to their homes is becoming increasingly unlikely. In many cases, their homes have been destroyed as the result of violence. Why are the homes of certain populations targeted for destruction? What are the impacts of loss of home upon children, adults, families, communities, and societies? If having a home is a fundamental human right, then why is the destruction of home not viewed as a rights violation and punished accordingly? From Bureaucracy to Bullets answers these questions and more by focusing on the violent practice of extreme domicide, or the intentional destruction of the home, as a central and overlooked human rights issue.

The Cherokee Removal

The Cherokee Removal

Author: Theda Perdue

Publisher: Bedford/st Martins

Published: 1995

Total Pages: 185

ISBN-13: 9780312086589

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The Cherokee Removal of 1838-1839 unfolded against a complex backdrop of competing ideologies, self-interest, party politics, altruism, and ambition. Using documents that convey Cherokee voices, government policy, and white citizens' views, Theda Perdue and Michael D. Green present a multifaceted account of this complicated moment in American history. The second edition of this successful, class-tested volume contains four new sources, including the Cherokee Constitution of 1827 and a modern Cherokee's perspective on the removal. The introduction provides students with succinct historical background. Document headnotes contextualize the selections and draw attention to historical methodology. To aid students' investigation of this compelling topic, suggestions for further reading, photographs, and a chronology of the Cherokee removal are also included.


Book Synopsis The Cherokee Removal by : Theda Perdue

Download or read book The Cherokee Removal written by Theda Perdue and published by Bedford/st Martins. This book was released on 1995 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cherokee Removal of 1838-1839 unfolded against a complex backdrop of competing ideologies, self-interest, party politics, altruism, and ambition. Using documents that convey Cherokee voices, government policy, and white citizens' views, Theda Perdue and Michael D. Green present a multifaceted account of this complicated moment in American history. The second edition of this successful, class-tested volume contains four new sources, including the Cherokee Constitution of 1827 and a modern Cherokee's perspective on the removal. The introduction provides students with succinct historical background. Document headnotes contextualize the selections and draw attention to historical methodology. To aid students' investigation of this compelling topic, suggestions for further reading, photographs, and a chronology of the Cherokee removal are also included.

Black Slaves, Indian Masters

Black Slaves, Indian Masters

Author: Barbara Krauthamer

Publisher: UNC Press Books

Published: 2013

Total Pages: 229

ISBN-13: 1469607107

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Black Slaves, Indian Masters: Slavery, Emancipation, and Citizenship in the Native American South


Book Synopsis Black Slaves, Indian Masters by : Barbara Krauthamer

Download or read book Black Slaves, Indian Masters written by Barbara Krauthamer and published by UNC Press Books. This book was released on 2013 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black Slaves, Indian Masters: Slavery, Emancipation, and Citizenship in the Native American South

Hitler's American Model

Hitler's American Model

Author: James Q. Whitman

Publisher: Princeton University Press

Published: 2017-02-14

Total Pages: 223

ISBN-13: 1400884632

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How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.


Book Synopsis Hitler's American Model by : James Q. Whitman

Download or read book Hitler's American Model written by James Q. Whitman and published by Princeton University Press. This book was released on 2017-02-14 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: How American race law provided a blueprint for Nazi Germany Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler's American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies. As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler's Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh. Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler's American Model upends understandings of America's influence on racist practices in the wider world.

Comparative Constitutional Law

Comparative Constitutional Law

Author: Tom Ginsburg

Publisher: Edward Elgar Publishing

Published: 2011-01-01

Total Pages: 681

ISBN-13: 0857931210

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This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.


Book Synopsis Comparative Constitutional Law by : Tom Ginsburg

Download or read book Comparative Constitutional Law written by Tom Ginsburg and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 681 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

An Indigenous Peoples' History of the United States (10th Anniversary Edition)

An Indigenous Peoples' History of the United States (10th Anniversary Edition)

Author: Roxanne Dunbar-Ortiz

Publisher: Beacon Press

Published: 2023-10-03

Total Pages: 330

ISBN-13: 0807013145

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New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.


Book Synopsis An Indigenous Peoples' History of the United States (10th Anniversary Edition) by : Roxanne Dunbar-Ortiz

Download or read book An Indigenous Peoples' History of the United States (10th Anniversary Edition) written by Roxanne Dunbar-Ortiz and published by Beacon Press. This book was released on 2023-10-03 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller Now part of the HBO docuseries "Exterminate All the Brutes," written and directed by Raoul Peck Recipient of the American Book Award The first history of the United States told from the perspective of indigenous peoples Today in the United States, there are more than five hundred federally recognized Indigenous nations comprising nearly three million people, descendants of the fifteen million Native people who once inhabited this land. The centuries-long genocidal program of the US settler-colonial regimen has largely been omitted from history. Now, for the first time, acclaimed historian and activist Roxanne Dunbar-Ortiz offers a history of the United States told from the perspective of Indigenous peoples and reveals how Native Americans, for centuries, actively resisted expansion of the US empire. With growing support for movements such as the campaign to abolish Columbus Day and replace it with Indigenous Peoples’ Day and the Dakota Access Pipeline protest led by the Standing Rock Sioux Tribe, An Indigenous Peoples’ History of the United States is an essential resource providing historical threads that are crucial for understanding the present. In An Indigenous Peoples’ History of the United States, Dunbar-Ortiz adroitly challenges the founding myth of the United States and shows how policy against the Indigenous peoples was colonialist and designed to seize the territories of the original inhabitants, displacing or eliminating them. And as Dunbar-Ortiz reveals, this policy was praised in popular culture, through writers like James Fenimore Cooper and Walt Whitman, and in the highest offices of government and the military. Shockingly, as the genocidal policy reached its zenith under President Andrew Jackson, its ruthlessness was best articulated by US Army general Thomas S. Jesup, who, in 1836, wrote of the Seminoles: “The country can be rid of them only by exterminating them.” Spanning more than four hundred years, this classic bottom-up peoples’ history radically reframes US history and explodes the silences that have haunted our national narrative. An Indigenous Peoples' History of the United States is a 2015 PEN Oakland-Josephine Miles Award for Excellence in Literature.