“40 Years of the Indian Civil Rights Act: Indigenous Women’s Reflections” From Gloria Valencia-Weber

Here. Published in The Indian Civil Rights Act at 40, eds. Kristen Carpenter, Matthew Fletcher, and Angela Riley.

Abstract:

I approach this discussion by noting that Santa Clara Pueblo v. Martinez raises two critical oppositional principles: the collective political right versus the individual rights norm. Individual rights are the keystone in the Constitution of the United States. However, tribal rights for collective political entities are also affirmed in the Constitution in the provisions that establish relationships with the tribal nations. This political, nation-to-nation relationship was explicitly acknowledged and reaffirmed in Morton vs. Mancari. The most important right that tribal people claim for themselves is that as sovereigns. We have to remember that tribes were first sovereigns within the United States. And, as the noted scholar Charles Wilkinson reminds us, the tribal sovereigns were pre-constitutional, post-constitutional, and, in the international law context of indigenous law, extra-constitutional.

One thought on ““40 Years of the Indian Civil Rights Act: Indigenous Women’s Reflections” From Gloria Valencia-Weber

  1. Lisa May 30, 2013 / 12:36 am

    What civil rights? We still need papers to prove who we are how does that happen still? Please dogs have more rights and protections. Its only now we can begin to defend ourselves because of the Violence against women’s act and even it is imperfect. Civil rights yeah so not

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