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In the Courts of the Conqueror: The 10 Worst Indian Law Cases Ever Decided
The fate of Native Americans has been dependent in large part upon the recognition and enforcement of their legal, political, property, and cultural rights as indigenous peoples by American courts. Most people think that the goal of the judiciary, and especially the US Supreme Court, is to achieve universal notions of truth and justice. In this in-depth examination, however, Walter Echo-Hawk reveals the troubling fact that American law has rendered legal the destruction of Native Americans and their culture. Echo-Hawk analyzes ten cases that embody or expose the roots of injustice and highlight the use of nefarious legal doctrines. He delves into the dark side of the courts, calling for a paradigm shift in American legal thinking. Each case study includes historical, contemporary, and political context from a Native American perspective, and the case’s legacy on Native America. In the Courts of the Conqueror is a comprehensive history of Indian Country from a new and unique viewpoint. It is a vital contribution to American history. Walter Echo-Hawk (Pawnee) is of counsel to the Crowe & Dunlevy law firm of Oklahoma. As a staff attorney for the Native American Rights Fund for thirty-five years, he represented tribes and Native Americans on significant legal issues during the modern era of federal Indian law. In addition to litigation, he worked on major legislation, such as the Native American Graves Protection and Repatriation Act (NAGPRA), and federal religious freedom legislation. He is a prolific writer whose books include the award-winning Battlefields and Burial Grounds .
576 pages, Hardcover
First published January 1, 2010
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Displaying 1 - 13 of 13 reviews
July 30, 2011
As of this writing, there was a news story regarding members of the Navajo Nation that were charged with fraud regarding misuse of discretionary funds. In looking at the comments in the Yahoo News story, it is clear that the sympathy towards Native Americans is still low and they are looked upon with contempt. It pains me to read those comments given the fact that these people were given a raw deal for most the nation's history. Walter Echo-Hawk gives us an overview of court cases involving Native Americans from coast to coast and even the Tlingit people on the Alaskan Peninsula that affected them adversely.
His book covers court cases with respect to the rights of Native Americans to their lands, the rights to control their families and the religious aspects of their way of life. Echo-Hawk starts his book with the case of Johnson v. M'intosh, a contrived case that marked the beginning of the end of the Indians' land rights in the United States. The court used the doctrine of discovery, a doctrine where land would belong to those who "discovered" it, notwithstanding the fact that the Indians occupied the land already. Cherokee Nation V. Georgia was another case that denied sovereignty to the Indians and eventually led to most of the Cherokee's removal to what is now Oklahoma.
The case that I found the most grievous was the case of Lone Wolf v. Hitchcock which gave Congress "plenary" power to abrogate Indian treaties at will regardless of the promises ti made to the Kiowas at the Medicine Lodge Treaty of 1867. The Kiowas, in signing the Medicine Lodge Treaty, were given land that could only be taken away with the permission of three-fourths of the tribe. Congress ran roughshod over this treaty by passing allotment acts that allowed the white men to go onto their land and with the Lone Wolf case going against the Kiowas, justice was denied.
I found this to be a very stimulating read. Nevertheless, there were some things that I disagreed with. Echo-Hawk contended that Native Americans were for the most part hunter-gatherers while most of the European culture were agrarians. There are big exceptions to this in my opinion and there was too much generalization. Here in Arizona, the ancient Hohokam, the Sinaguas and the Pueblo peoples of New Mexico were most definitely agrarians and the massive structures at Mesa Verde, Casa Grande and Chaco Canyon signaled that these peoples were attached to the land. It is indeed the undisputed truth that the white man committed vast atrocities against the Indians. But what about intertribal warfare. It is well-known that Echo-Hawk's ancestors in the Pawnee Nation were bitter enemies with the Cheyenne and that Utes were at war with the Cheyenne and kidnapped women and children from other tribes such as the Comanche and Kiowa. Also the Pawnee interfered with the Cheyenne's religion by taking its Sacred Arrows. This of course does not excuse the white man, but the Indians were known to commit atrocities themselves.
As a Christian, I am indeed disappointed that fellow believers of the past used force to convert the Indians. Echo-Hawk does come down hard on them; quite rightly in some cases. However, the true message of Christ is about peace and reconciliation to God and that if this was done properly in the past, the course of Indian history could have been changed for the better.
The book has 469 pages, detailing the ten cases and solutions to correct past injustices, a substantial endnote section and an index. There is no bibliography however. Despite some excessive ranting, including the repeated quoting of Stanley Reed's disparaging comments in the Tee-Hit-Ton case involving deprivation of Tlingit land, this book is a must read for people who sincerely want to know how the Indians got "stiffed" and who want to get a solid perspective on Indian law from an experience man who knows his stuff.
His book covers court cases with respect to the rights of Native Americans to their lands, the rights to control their families and the religious aspects of their way of life. Echo-Hawk starts his book with the case of Johnson v. M'intosh, a contrived case that marked the beginning of the end of the Indians' land rights in the United States. The court used the doctrine of discovery, a doctrine where land would belong to those who "discovered" it, notwithstanding the fact that the Indians occupied the land already. Cherokee Nation V. Georgia was another case that denied sovereignty to the Indians and eventually led to most of the Cherokee's removal to what is now Oklahoma.
The case that I found the most grievous was the case of Lone Wolf v. Hitchcock which gave Congress "plenary" power to abrogate Indian treaties at will regardless of the promises ti made to the Kiowas at the Medicine Lodge Treaty of 1867. The Kiowas, in signing the Medicine Lodge Treaty, were given land that could only be taken away with the permission of three-fourths of the tribe. Congress ran roughshod over this treaty by passing allotment acts that allowed the white men to go onto their land and with the Lone Wolf case going against the Kiowas, justice was denied.
I found this to be a very stimulating read. Nevertheless, there were some things that I disagreed with. Echo-Hawk contended that Native Americans were for the most part hunter-gatherers while most of the European culture were agrarians. There are big exceptions to this in my opinion and there was too much generalization. Here in Arizona, the ancient Hohokam, the Sinaguas and the Pueblo peoples of New Mexico were most definitely agrarians and the massive structures at Mesa Verde, Casa Grande and Chaco Canyon signaled that these peoples were attached to the land. It is indeed the undisputed truth that the white man committed vast atrocities against the Indians. But what about intertribal warfare. It is well-known that Echo-Hawk's ancestors in the Pawnee Nation were bitter enemies with the Cheyenne and that Utes were at war with the Cheyenne and kidnapped women and children from other tribes such as the Comanche and Kiowa. Also the Pawnee interfered with the Cheyenne's religion by taking its Sacred Arrows. This of course does not excuse the white man, but the Indians were known to commit atrocities themselves.
As a Christian, I am indeed disappointed that fellow believers of the past used force to convert the Indians. Echo-Hawk does come down hard on them; quite rightly in some cases. However, the true message of Christ is about peace and reconciliation to God and that if this was done properly in the past, the course of Indian history could have been changed for the better.
The book has 469 pages, detailing the ten cases and solutions to correct past injustices, a substantial endnote section and an index. There is no bibliography however. Despite some excessive ranting, including the repeated quoting of Stanley Reed's disparaging comments in the Tee-Hit-Ton case involving deprivation of Tlingit land, this book is a must read for people who sincerely want to know how the Indians got "stiffed" and who want to get a solid perspective on Indian law from an experience man who knows his stuff.
March 2, 2011
This book illuminates how little our judicial system, including the Supreme Court, has to do with justice. Echo-Hawk shows how the Supreme Court "legitimizes" the prejudices of the current society by interpreting the law to support those prejudices. Makes me realize that today's Supreme Court rules based on the prejudices of today and that real justice cannot be expected.
This book is a sad, almost unbelievable, story of white Americans attempts to legitimize what is essentially genocide of Native Americans. Echo-Hawk doesn't mince words.
It starts with Johnson v. M'Intosh (1823) where the Court rules that the discovery of Indian land by Europeans operates to transfer legal title from the Indians to the government.
Echo-Hawk gives a good summary of the United Nations Declaration on the Rights of Indigenous Peoples, approved by the UN in 2007. These rights were never even considered for Native Americans.
This book is at times tedious and repetitive, but I rate it highly because its message is quite poignant. After reading the first few chapters, I found that I could skip around.
This book is a sad, almost unbelievable, story of white Americans attempts to legitimize what is essentially genocide of Native Americans. Echo-Hawk doesn't mince words.
It starts with Johnson v. M'Intosh (1823) where the Court rules that the discovery of Indian land by Europeans operates to transfer legal title from the Indians to the government.
Echo-Hawk gives a good summary of the United Nations Declaration on the Rights of Indigenous Peoples, approved by the UN in 2007. These rights were never even considered for Native Americans.
This book is at times tedious and repetitive, but I rate it highly because its message is quite poignant. After reading the first few chapters, I found that I could skip around.
May 16, 2016
Echohawk has a style of writing that takes the reader through not just a depiction of law, but a story of the history of a proud and sovereign people that are subjugated to unethical treatment and several violations of human rights now recognized by the United Nations. Echohawk gives a unique perspective that also informs the reader about a variety of cases, including Tee-Hit-Ton v. United States and Johnson v. M'Intosh--cases still cited today for presiding, active laws.
June 28, 2013
I'm proud to know that my tribe has some of the baddest lawyers this side of Indian country. Turahe!
March 17, 2023
Giving this 5 ⭐️s because for a book on court cases it’s incredibly engaging and easy to read. It was a simultaneous lesson in SCOTUS and federal court cases, Native American culture & spirituality, and a review of global colonialism and its effects.
5 ⭐️ s does not mean that I agreed with every point. But, what I appreciated was that the author anticipated those disagreements and offered reasonable explanations as to his rationale. He also ends by providing constructive suggestions for reforming the law and better serving not only indigenous communities but also all US citizens.
The 10 cases span a wide range of topics like: land rights, domestic dependent nation status / sovereignty, Congress’s plenary power over Native American affairs, religious liberty, child custody, law of war, and indigenous habitats.
These cases highlight attitudes of racism and colonial dominance beginning with the theories of “discovery” and “conquest.” Throughout the book the reader sees how these themes return again and again. The chapter on the various legal fictions relied on by the courts is excellent in helping readers see these in the different cases. Land aside, the book highlights unsettling periods of US history where native culture was purposely targeted for extinction, and it highlights the use of religious institutions by the federal government to achieve these ends. I really resonated with the author stating that it’s clear the First Amendment was never intended to apply to the native population.
Unlike cases involving civil rights abuses towards African Americans, the cases dealing with native rights have largely remained good law. The author addresses what should be done to uproot this “dark side” of the law and make it compatible with modern American beliefs in justice and equality.
My one criticism is that o found some sections a bit repetitive. But I think in a way those sections may help make this more accessible to non lawyers. I highly recommend this for those interested in Federal Indian Law, the history of colonization, the Indian Wars, and SCOTUS.
5 ⭐️ s does not mean that I agreed with every point. But, what I appreciated was that the author anticipated those disagreements and offered reasonable explanations as to his rationale. He also ends by providing constructive suggestions for reforming the law and better serving not only indigenous communities but also all US citizens.
The 10 cases span a wide range of topics like: land rights, domestic dependent nation status / sovereignty, Congress’s plenary power over Native American affairs, religious liberty, child custody, law of war, and indigenous habitats.
These cases highlight attitudes of racism and colonial dominance beginning with the theories of “discovery” and “conquest.” Throughout the book the reader sees how these themes return again and again. The chapter on the various legal fictions relied on by the courts is excellent in helping readers see these in the different cases. Land aside, the book highlights unsettling periods of US history where native culture was purposely targeted for extinction, and it highlights the use of religious institutions by the federal government to achieve these ends. I really resonated with the author stating that it’s clear the First Amendment was never intended to apply to the native population.
Unlike cases involving civil rights abuses towards African Americans, the cases dealing with native rights have largely remained good law. The author addresses what should be done to uproot this “dark side” of the law and make it compatible with modern American beliefs in justice and equality.
My one criticism is that o found some sections a bit repetitive. But I think in a way those sections may help make this more accessible to non lawyers. I highly recommend this for those interested in Federal Indian Law, the history of colonization, the Indian Wars, and SCOTUS.
January 17, 2020
Brilliant and informative! I will start with the disclosure, I had the privilege of helping Walter Echo-Hawk with some of the research over ten years ago while I was working with him at Native American Rights Fund, NARF. I waited ten years for the right time to read this book and I am very impressed.
My background is in history and I learned so much about Native American law and the court cases that brought about imbedded precedence of injustice to the US Court System by reading this book. My contributions were looking up some of the historical details around the Cherokee court cases and the Trail of Tears and also since I was then studying the history of Nazi Germany, some details looking at genocide as defined by international law.
While I learned a lot by reading this book, it is obviously a law book most likely to be read by attorneys involved in Native American law, so there were parts that were information dense slow reading for me, but most of this book is good reading for a fairly educated reader who wants to know about how ideas of racism, conquest and Manifest Destiny influence the US laws affecting Native American Tribes.
My background is in history and I learned so much about Native American law and the court cases that brought about imbedded precedence of injustice to the US Court System by reading this book. My contributions were looking up some of the historical details around the Cherokee court cases and the Trail of Tears and also since I was then studying the history of Nazi Germany, some details looking at genocide as defined by international law.
While I learned a lot by reading this book, it is obviously a law book most likely to be read by attorneys involved in Native American law, so there were parts that were information dense slow reading for me, but most of this book is good reading for a fairly educated reader who wants to know about how ideas of racism, conquest and Manifest Destiny influence the US laws affecting Native American Tribes.
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June 24, 2021In this book, Echo-Hawk does far more than outline the 10 worst cases in Indian Law. Echo-Hawk explains the cultural, religions, legal, environmental, and economic background to help readers truly grasp the problem with those cases. The book also discusses efforts taken by Native American Tribes and advocates to mitigate the damage done in those cases as much as possible. From this book, it is clear that the indigenous people of North America have shown great resilience through many trials, however, many challenges still exist. I appreciate that Echo-Hawk does not only point out the "darkness," but provides suggestions of how many of the remaining legal challenges can be overcome in the future.
October 18, 2021
Wish I spent more time with it. Great list of atrocious Supreme Court decisions that contradict one another and are used today, most recently with Ruth Bader Ginsburg siding against the Seneca Nation in what she considered her most regretful decision.
May 5, 2014
Echo-Hawk is a magnificent writer, very articulate and an expert in Federal Indian Law. His research and experience is extensive. A fascinating read. He is one of the greatest Federal Indian lawyers of our time.
April 30, 2017
Repetitive at times, but informative. Describes the cases so laypersons can understand. It's hard to pick just ten cases--there are so many that could be the worst!
December 24, 2016
A sad but true recounting of how badly the US government has systematically mistreated our indigenous hosts.
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April 6, 2011Extremely well researched.
August 10, 2011
A book with such important content that is, alas, often repetitive and not well written.
Displaying 1 - 13 of 13 reviews