Indians, Indian Tribes, and the Constitution
Table of Contents
Part One: The Early Encounter
1. Introduction: A New Challenge to Old Assumptions
2. Early Contact: From Colonial Encounters to the Article of Confederation
3. Second Opportunity: The Structure and Architecture of the Constitution
4. The Marshall Trilogy: Foundational but Not Fully Constitutional?
5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorporation, and an Extraconstitutional Regime
Part Two: Individual Indians and the Constitution
6. Elk v. Wilkins: Exclusion, Inclusion, and the Ambiguities of Citizenship
7. Indians and the First Amendment: The Illusion of Religious Freedom?
Part Three: The Modern Encounter
8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle
9. International Law Perspective: A New Model of Indigenous Nation Sovereignty?
10. Conclusion: Imagination, Translation, and Constitutional Convergence