Sunday, November 30, 2014
Bob Juneau, Sr. Statement
Tribal issues that divide the people sometimes need counselors and mediators to avoid violence. We have already had occupations of the tribal office and violence among the tribal council and protesters. The tribal council must get out and lead as they are paid to do, not hide in their offices and call the cops. Tribal enrollment issues and tribal council corruption seem to be the dividing issues. Department of Justice Guardians Project can investigate the Forensic Audit issues which found corruption in tribal government but the tribal council threw the audit in the trash can even though it cost $700,000 of tribal dollars. That seems to be a crime in itself of conspiracy in suppressing evidence of criminal activity by elected tribal officials. The issue of enrollment needs the support of the Department of Justice, Community Relations Division, which provides community counselors and mediators to resolve issues before violence occurs. Pine Ridge reservation violence grew out of the same issues and over 200 Lakota and 2 F.B. I. agents were killed before the violence was stopped. I worked in the Dept. of Health & Human Services in the Denver Regional Office and visited Pine Ridge 2 years after the violence and the people told me there were blood feuds where families had killed members of other families. We do not want that here, but trouble is brewing and the tribal council must lead us to peace.
Redefining Race by Eric Beckenhauer pg.170
How blood quantum requirements are problematic. Despite their economic and sociopolitical utility, blood quantum requirements are harmful to Indians for three principle reasons. First, due to intermarriage and admixture among cultures, subsequent Indian generations face great difficulty in meeting even loose blood quantum membership criteria, since the average blood quantum of their populations is inevitably diluted. Second, as individual Indians fall below minimum blood percentage cutoffs, they lose eligibility for essential federal services, such as health care. Third, to the extent that the term "Indian" should be socially-not biologically-defined, blood quantum requirements are over exclusive and, some argue, genocidal.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer pg. 170 Vol.56:161 October 2003
Stanford Law Review
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer pg. 170 Vol.56:161 October 2003
Stanford Law Review
Redefining Race by Eric Beckenhauer pg.186
Second, aside from the lackluster response of his Assembly collegues to the proposed legislation, reaction from the community can fairly be characterized as nothing short of outrage. The Vermont Governor's Advisory Commission on Native American Affairs minced no words in its attack on H.809, calling it "racist, unethical, and immoral. Journalists warned that the proposal smacked of eugenics. But by far, the loudest cries came from Native American activists. Their objections to Rep. Maslack's proposal-and to genetic testing in general-are surveyed in the balance of this Part.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review October 2003 Vol.56:161
pg.186
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review October 2003 Vol.56:161
pg.186
Redefining Race by Eric Beckenhauer pg.185-186
"Rep. Maslack might be well advised to let his bill die quietly, for two reasons. First, the science supporting the bill is, at best sketchy. The measure would limit analysis to the DNA variants that code for the human leukocyte antigens (HLAs), proteins situated on the surface of white blood cells that mediate the immune response. Because of their direct relationship to immunity and disease, HLAs have been studied extensively to uncover correlations between particular HLA variants and specific diseases. However, HLA testing has not been successfully used to define ethnic groups in genetic terms. Essentially, this is because HLA DNA, though highly variable, is not much different than other polymorphisms examined by variant analysis: Although certain HLA variants may be more common in some subpopulations than in others, unless a particular variant is unique to one population,
it can yield no conclusive determinations about ethnicity. Indeed, Dr. Patrick Beatty, who has studied the frequencies of HLA variants among North Americans as part of the National Marrow Donor Program, notes: "I know of no HLA markers which are unique to Native Americans, or for that matter, any other major racial [or] ethnic category."
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review October 2003 Vol.56:161
pg.185-186
it can yield no conclusive determinations about ethnicity. Indeed, Dr. Patrick Beatty, who has studied the frequencies of HLA variants among North Americans as part of the National Marrow Donor Program, notes: "I know of no HLA markers which are unique to Native Americans, or for that matter, any other major racial [or] ethnic category."
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review October 2003 Vol.56:161
pg.185-186
Redefining Race by Eric Beckenhauer pg.185
Representative Fred Maslack in early 2000 sponsored a bill that would have authorized the state health commissioner to develop standards by which DNA testing could be used to "conclusively" identify those of Native American ancestry, at their request and personal expense. In support of H. 809, Rep. Maslack commented, "It makes sense to me that science should have the last word," adding that, in the future, "this could be the definitive method." It seems that few of his colleagues agreed: The bill, referred to the Committee on Health and Welfare in February 2000, has given him "nothing but grief" and is unlikely to be reintroduced.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review October 2003 Vol.56: 161
pg.185
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review October 2003 Vol.56: 161
pg.185
Redefining Race by Eric Beckenhauer pg.164
While the U.S. government maintains that its relationships with federally recognized tribes are strictly political in nature, it simultaneously administers a variety of social welfare programs to some Indians based solely on racial criteria. Indeed, a 1978 congressional survey found that federal legislation contains at least thirty-three different definitions of the term "Indian," a figure that is dwarfed by the various tribal definitions embedded throughout Title 25 of the Code of Federal Regulations.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer Stanford Law Review Vol.56:161
October 2003 pg.164
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer Stanford Law Review Vol.56:161
October 2003 pg.164
Redefining Race by Eric Beckenhauer
In the wake of the recently completed and widely publicized Human Genome Diversity project (HGDP), the potential of genomics, while certainly enormous, has risen to near-mythic proportions. As modern genomic research becomes more commonplace, and as the promise of genetic therapy creeps toward reality, the public may become increasingly inclined to subscribe to a theory of genetic essentialism-basically, the notion that our genes determine who we are. As one group of scholars explains, "An unintended byproduct of the genomics revolution is a naïve, almost religious faith in the power of genetics. The gene has become a powerful cultural icon; genetic explanations have a pride of place in the popular imagination." In light of this increasingly common perception, it is interesting to consider one of the more surprising conclusions of the HGDP: Human Beings share more than 99.9% of their DNA. Indeed, there is more genetic variation within a single race than there is among different races. This revelation has had critical implications for the meaning of race, which is now largely considered a social construct, rather than a biological reality.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer Stanford Law Review, Vol.56:161, October 2003
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer Stanford Law Review, Vol.56:161, October 2003
Redefining Race by Eric Beckenhauer pg.170
Indeed, this phenomenon may have prompted the U.S. government to advocate the adoption of blood quantum requirements in the first place, to further the assimilation (some would say extinction) of Indian culture. Census figures suggest that his blood quantum dilution continues today: Indians have the highest rate of interracial marriage of any ethnic group in the United States, with more than half marrying outside their race, and a congressional study has projected that the percentage of half-blooded Indians will decline from 87% in 1980 to a mere 8% by 2080.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer Pg.170
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer Pg.170
Redefining Race by Eric Beckenhauer pg.165
As prescribed by the Federal Acknowledgment Act, such recognition is attained only upon satisfaction
of each of seven mandatory criteria:
(a)The petitioner has been identified as an American Indian entity on a substantially continuous basis
since 1900….
….
(b)A predominant portion of the petitioning group comprises a distinct community and has existed as a
community from historical times until the present.
….
(c)The petitioner has maintained political influence or authority over its members as an autonomous
entity from historical times until the present.
….
(d)A copy of the group’s present governing document including its membership criteria. In the absence
of a written document, the petitioner must provide a statement describing in full its membership criteria
and current governing procedures.
(e)The petitioner’s membership consists of individuals who descend from a historical Indian tribe or
from historical Indian tribes which combined and functioned as a single autonomous political entity.
….
(f)The membership of the petitioning group is composed principally of persons who are not members
of any acknowledged North American Indian tribe….
(g)Neither the petitioner nor its members are the subject of congressional legislation that has expressly
terminated or forbidden the Federal relationship.
The Statute further provides that evidence used to identify a tribe as an “American Indian entity” and
to establish descendancy from a “historical Indian tribe” may include enrollment lists, descendancy records, affidavits, and other informantion “identifying present members or ancestors of present
members as being descendants of a historical tribe. Thus, the text of the Federal Acknowledgment
Act implicitly invites the use of genetic studies as proof of Indian ancestry.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer
Pg.165
of each of seven mandatory criteria:
(a)The petitioner has been identified as an American Indian entity on a substantially continuous basis
since 1900….
….
(b)A predominant portion of the petitioning group comprises a distinct community and has existed as a
community from historical times until the present.
….
(c)The petitioner has maintained political influence or authority over its members as an autonomous
entity from historical times until the present.
….
(d)A copy of the group’s present governing document including its membership criteria. In the absence
of a written document, the petitioner must provide a statement describing in full its membership criteria
and current governing procedures.
(e)The petitioner’s membership consists of individuals who descend from a historical Indian tribe or
from historical Indian tribes which combined and functioned as a single autonomous political entity.
….
(f)The membership of the petitioning group is composed principally of persons who are not members
of any acknowledged North American Indian tribe….
(g)Neither the petitioner nor its members are the subject of congressional legislation that has expressly
terminated or forbidden the Federal relationship.
The Statute further provides that evidence used to identify a tribe as an “American Indian entity” and
to establish descendancy from a “historical Indian tribe” may include enrollment lists, descendancy records, affidavits, and other informantion “identifying present members or ancestors of present
members as being descendants of a historical tribe. Thus, the text of the Federal Acknowledgment
Act implicitly invites the use of genetic studies as proof of Indian ancestry.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity? by Eric Beckenhauer
Pg.165
Redefining Race by Eric Beckenhauer
Indeed, a 1978 congressional survey found that federal legislation contains at least thirty-three different definitions of the term "Indian," a figure that is dwarfed by the various tribal definitions embedded throughout Title 25 of the Code of Federal Regulations.
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review Vol.56, issue 161, October 2003
-Redefining Race: Can Genetic Testing Provide Biological Proof of Indian Ethnicity?
by Eric Beckenhauer Stanford Law Review Vol.56, issue 161, October 2003
Tuesday, November 25, 2014
Hitler's Willing Executioners Ordinary Germans And The Holocaust by Daniel Johah Goldhagen pg.106
The degree of enthusiasm that Germans did express, Germans' evident lack of sympathy for these forlorn people who had once lived among them, and the absence of widespread disapproval of and opposition to the deportations, indicate that Germans assented to these measures to make Germany judenrein, free of Jews, the probable slaughter of these last Jews notwithstanding.
-Hitler's Willing Executioners Ordinary Germans And The Holocaust by Daniel Jonah Goldhagen Pg.106
-Hitler's Willing Executioners Ordinary Germans And The Holocaust by Daniel Jonah Goldhagen Pg.106
Ordinance No.14
Ordinance No.14
Procedures Governing Enrollment
Section 2 Eligibility For Enrollment
A. Original Members. All persons of Indian blood whose names appear on the official census roll of the Blackfeet Tribe as of January 1, 1935.
B. Descendants. All children born prior to August 30, 1962 to any blood member of the Blackfeet Tribe maintaining a legal residence* within the territory of the reservation at the time of such birth. (*”Legal Residence” defined in Resolution 72-56, enacted October 22, 1956, as follows: That for the purposes of enrollment under Section 1(b) of the Constitution and By-laws of the Blackfeet Tribe, all blood members of the Blackfeet Tribe shall be considered legal residents of the Blackfeet Indian Reservation if they are away from the reservation for reasons of health, education, employment, or induction into military services of this country).
(See Resolution No.72-56, Dated October 22, 1956, Attached Hereto As Attachment #1).
C. Descendants. All children having one-fourth (1/4) degree of Blackfeet Indian blood or more born after August 30, 1962 to any blood member of the Blackfeet Tribe.
Pg.1-2
Procedures Governing Enrollment
Section 2 Eligibility For Enrollment
A. Original Members. All persons of Indian blood whose names appear on the official census roll of the Blackfeet Tribe as of January 1, 1935.
B. Descendants. All children born prior to August 30, 1962 to any blood member of the Blackfeet Tribe maintaining a legal residence* within the territory of the reservation at the time of such birth. (*”Legal Residence” defined in Resolution 72-56, enacted October 22, 1956, as follows: That for the purposes of enrollment under Section 1(b) of the Constitution and By-laws of the Blackfeet Tribe, all blood members of the Blackfeet Tribe shall be considered legal residents of the Blackfeet Indian Reservation if they are away from the reservation for reasons of health, education, employment, or induction into military services of this country).
(See Resolution No.72-56, Dated October 22, 1956, Attached Hereto As Attachment #1).
C. Descendants. All children having one-fourth (1/4) degree of Blackfeet Indian blood or more born after August 30, 1962 to any blood member of the Blackfeet Tribe.
Pg.1-2
Why We Can't Wait by Martin Luther King, Jr. pg.55
The bell of man's inhumanity to man does not toll for any one man. It tolls for you, for me, for all of us.
-Why We Can't Wait by Martin Luther King, Jr. Pg.55
-Why We Can't Wait by Martin Luther King, Jr. Pg.55
William Shakespeare, Macbeth quote
"More is thy due than more than all can pay."
-William Shakespeare, Macbeth
-William Shakespeare, Macbeth
William Shakespeare, Hamlet quote
"A little more than kin, and less than kind."
-William Shakespeare, Hamlet
-William Shakespeare, Hamlet
Human Genetics Concepts and Applications by Ricki Lewis pg.318
Identifying the origins of Native Americans is challenging because data from linguistics, archaeology, and genetics do not always agree. A study from 1987, for example, established three waves of migration across the Bering Strait land bridge that formed between Siberia and Alaska during low glacial periods. The basis was a comparison of many Native American languages, and subsequent grouping of the people into the “Eskimo-Aleut,” who arrived 7,000 to 5,000 years ago, the “Na-Dene,” who came 15,000 to 12,000 years ago, and the “Amerinds,” who arrived about 33,000 years ago. But only a few sounds had been used to distinguish the languages, lumping several as Amerind that may actually have been distinct in their origins. The premise for grouping the people was faulty. Since then, several genetic studies have countered the “three migration hypothesis,” but even the genetic studies do not completely agree. One problem is that studying different parts of the human genome can yield different results, because DNA sequences change at different rates.
-Human Genetics Concepts and Applications by Ricki Lewis Pg.318
-Human Genetics Concepts and Applications by Ricki Lewis Pg.318
Notes of A Native Son by James Baldwin pg.xi-xii
The accumulated rock of ages deciphered itself as a part of my inheritance-a part, mind you, not the totality-but, in order to claim my birthright, of which myinheritance was but a shadow, it was necessary to challenge and claim the rock. Otherwise, the rock claimed me. Or, to put it another way, my inheritance was particular, specifically limited and limiting: my birthright was vast, connecting me to all that lives, and to everyone, forever. But one cannot claim the birthright without accepting the inheritance.
-Notes of A Native Son by James Baldwin Pg.xi-xii
-Notes of A Native Son by James Baldwin Pg.xi-xii
The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root pg.xi
Transracial indicates movement across racial boundaries and is sometimes synonymous with interracial. This term is most notably used in the context of adoption across racial lines.
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.xi
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.xi
The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root pg.xi
Multiracial refers to people who are of two or more racial heritages. It is the most inclusive term to refer to people across all racial mixes. Thus it also includes biracial people.
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.xi
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.xi
The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root pg.x
Monoracial refers to people who claim a single racial heritage. It is also a system of racial classification that only recognizes one racial designation per person.
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.x
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.x
Monday, November 24, 2014
Hypodescent Definition
Hypodescent refers to a social system that maintains the fiction of monoracial identification of individuals by assigning a racially mixed person to the racial group in their heritage that has the least social status.
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.x
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.x
The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root pg.xiv
The U.S. Bureau of the Census (1992) forecasts that by the year 2050, the representative face of America will no longer be white. Given the history of U.S. race relations, the two most common reasons given for this change are higher birthrates in communities of color and increasing numbers of immigrants who are people of color. However, Alonso and Waters (1993), Root (1992b, 1992d, 1995), Ramirez (Chapter 4, this volume), and Waters (1994) are among those who believe that a third factor will contribute to the complexion and momentum of this shift: The self-identified multiracial population is increasing. Time
Magazine recognized this contribution in a Special Fall 1993 issue. The cover portrayed Time’s vision of the future face of America, a computer-generated image of a young woman with Anglo-Saxon, Middle Eastern, African, Asian, southern European, and Latino roots.
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.xiv
Magazine recognized this contribution in a Special Fall 1993 issue. The cover portrayed Time’s vision of the future face of America, a computer-generated image of a young woman with Anglo-Saxon, Middle Eastern, African, Asian, southern European, and Latino roots.
-The Multiracial Experience Racial Borders as the New Frontier edited by Maria P.P. Root Pg.xiv
Friday, November 21, 2014
Whiteness as property by Cheryl I. Harris pg.1716
In reviewing ROBERT WILLIAMS, THE AMERICAN INDIAN IN WESTERN LEGAL THOUGHT: THE DISCOURSE OF CONQUEST (1990), an eloquent and meticulous work on the American Indian in Western legal doctrine, Joseph William Singer draws out the organic connections between property rights and race as the pattern of conquest of native lands exemplified:
[P]roperty and sovereignty in the United States have a racial basis. The land was taken by force by white people from peoples of color thought by the conquerors to be racially inferior. The close relation of native peoples to the land was held to be no relation at all. To the conquerors, the land was "vacant." Yet it required trickery and force to wrest it from its occupants. This means that the title of every single parcel of property in the United States can be traced to a system of racial violence.
-Whiteness as property by Cheryl I. Harris Harvard Law Review Pg.1716
[P]roperty and sovereignty in the United States have a racial basis. The land was taken by force by white people from peoples of color thought by the conquerors to be racially inferior. The close relation of native peoples to the land was held to be no relation at all. To the conquerors, the land was "vacant." Yet it required trickery and force to wrest it from its occupants. This means that the title of every single parcel of property in the United States can be traced to a system of racial violence.
-Whiteness as property by Cheryl I. Harris Harvard Law Review Pg.1716
Whiteness as Property by Cheryl I. Harris pg.1714
I adopt here the definition of white supremacy utilized by Francis Lee Ansley: By "white supremacy" I do not mean to allude only to the self-conscious racism of white supremacist hate groups. I refer instead to a political, economic, and cultural system in whites overwhelmingly control power and material resources, conscious and unconscious ideas of white superiority and entitlement are widespread, and relations of white dominance and non-white subordination are daily reenacted across a broad array of institutions and social settings.
-Whiteness as Property by Cheryl I. Harris Harvard Law Review Pg.1714
-Whiteness as Property by Cheryl I. Harris Harvard Law Review Pg.1714
The Office of Indian Affairs Its History, Activities And Organization by Laurence F. Schmeckebier
The Indian policy of the government falls into three periods:
(1)The Treaty period up to 1871;
(2)the Reservation period from 1871 to 1887; and (3)the Allotment and Citizenship period from 1887 to the present time.
-The Office of Indian Affairs Its History, Activities And Organization
by Laurence F. Schmeckebier
(1)The Treaty period up to 1871;
(2)the Reservation period from 1871 to 1887; and (3)the Allotment and Citizenship period from 1887 to the present time.
-The Office of Indian Affairs Its History, Activities And Organization
by Laurence F. Schmeckebier
An Introduction To Curriculum Research And Development by Lawrence Stenhouse pg.7
Talcott Parsons, a modern American Sociologist, stresses three attributes of culture: 'first, that culture is transmitted, it constitutes a heritage or a social tradition; secondly, that it is learned, it is not a manifestation, in particular content, of man's genetic constitution; and third, that it is shared'. (Parsons 1952, 15) One can see the relevance of such a concept for curriculum: the content of education is transmitted, learned and shared in this sense.
-An Introduction To Curriculum Research And Development by Lawrence Stenhouse
Pg.7
-An Introduction To Curriculum Research And Development by Lawrence Stenhouse
Pg.7
Alex Haley Quote
Alex Haley's Roots The Next Generation epilogue speech
"All of my family members whom you have seen depicted in this television dramatization either were or are actual living Human Beings. We were deeply moved to see the book and film of Roots become perceived worldwide as synonymous with family. Before you get to the nations, the races, the creeds, or any of the other circumstances we Human Beings like to regard as differences between ourselves we are first many millions of families sharing this earth. After the miracle of life itself our greatest Human common denominator is families. I feel that's why Roots touched a universal Human pulse. If I seek what's recommended to us by this Global response to Roots I find two simple acts which can only help strengthen families. We should interview our families oldest members. Ask them please tell us all their memories hold about those relatives who lived before us. Often we'll exclaim later,"why didn't you tell us this before," and they'll say,"nobody ever asked me." After learning all you can from all sources you can make a written record of your families History and next periodically we should hold family reunions.
Their message is powerful to all who attend them especially to a familes younger members. What's conveyed to youth is you belong to a family which obviously cares about itself. Which takes pride in itself and which rightly expects you to contribute to your families reasons for pride. Roots couldn't serve a greater purpose than to increase our awareness as individuals, as societies, as nations, that our first social strength is our families and thank you from the family of Kunta Kinte.
The Medieval and Renaissance Origins of the Status of the American Indian by Robert A. Williams, Jr. pg.7-8
at the hands of his European conquerors, it may be possible to demonstrate the urgent need to rethink the doctrinal foundations of our conceptions respecting the status of the tribe in modern society. -The Medieval and Renaissance Origins of the Status of the American Indian in Western Legal Thought by Robert A. Williams, Jr. Pg.7-8
Blood Quantum Court Cases
Blood Quantum Court Cases Farrell v. United States
United States v. Higgins, County Treasurer. No.575
United States v. Higgins, County Treasurer. No.576
United States v. Heyfron, County Treasurer. No.690
United States v. Heyfron, County Treasurer. No.691
United States v. First National Bank of Detroit, Minnesota No.873
Circuit Court, W.D. Arkansas. Ex Parte Reynolds. 1879.
Supreme Court of Alabama. Wall v. Williams, USE, & C.
Supreme Court of Appeals of Virginia. Hudgins v. Wrights
Supreme Judicial Court of Massachusetts. The Inhabitants of Andover v. Supreme Court of Indiana. DOE on the demise of Lafontaine and Another v. Avaline Circuit Court of Appeals, Eighth Circuit. Farrell v. United States
Why We Can't Wait by Martin Luther King pg.27
A methodology and philosophy of revolution is neither born nor accepted overnight. From the moment it emerges, it is subjected to rigorous tests, opposition, scorn and prejudice. The old guard in any society resents new methods, for old guards wear the decorations and medals won by waging battle in the accepted manner. Often opposition comes not only from the conservatives, who cling to tradition, but also from the extremist militants, who favor neither the old nor the new.
-Why We Can't Wait by Martin Luther King Pg.27
-Why We Can't Wait by Martin Luther King Pg.27
Whiteness As Property by Cheryl I. Harris pg.1714
I adopt here the definition of white supremacy utilized by Frances Lee Ansley:
By "white supremacy" I do not mean to allude only to the self-conscious racismof white supremacist hate groups. I refer instead to a political, economic, and cultural system in which whites overwhelmingly control power and material resources, conscious and unconscious ideas of white superiority and entitlement are widespread, and relations of white dominance and non-white subordination are daily reenacted across a broad array of institutions and social settings.
-Whiteness As Property by Cheryl I. Harris Harvard Law Review Volume 106
June 1993 Number 8 Pg.1714
By "white supremacy" I do not mean to allude only to the self-conscious racismof white supremacist hate groups. I refer instead to a political, economic, and cultural system in which whites overwhelmingly control power and material resources, conscious and unconscious ideas of white superiority and entitlement are widespread, and relations of white dominance and non-white subordination are daily reenacted across a broad array of institutions and social settings.
-Whiteness As Property by Cheryl I. Harris Harvard Law Review Volume 106
June 1993 Number 8 Pg.1714
Blood Quantum A complicated system by Andrea Appleton pg.18
"Indian people have always been looking for outside genetic material, way before Europeans showed up," says Wayne Stein, a Native American Studies Professor at Montana State University. "Indian people were probably the best farmers in the world in the 1400s-and farmers understand genetics."
-Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton High Country News
January 19, 2009 Vol.41 No.1 Pg.18
-Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton High Country News
January 19, 2009 Vol.41 No.1 Pg.18
Blood Quantum A complicated system by Andrea Appleton pg.16
Some believe that the fractional breakdown of Native blood over generations was factored into the federal govenment's plan from the beginning, a sort of statistical extermination. "The one-quarter blood quantum was a criteria that federal officials devised in the early 1900s to reduce the number of Indians and save themselves some money," says University of Minnesota Professor David Wilkins, an expert in federal Indian policy." And by then, most tribes had been so brow-beaten they weren't in a position to challenge those criteria."
If the blood-percentage system was indeed part of an insidious plan to eradicate the Native American, it is slowly having the desired effect. Based on current requirements, most tribes will have no new eligible members in 50 years, and many will cease to exist within a century.
-Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton High Country News January 19, 2009 Vol.41 No.1 Pg.16
If the blood-percentage system was indeed part of an insidious plan to eradicate the Native American, it is slowly having the desired effect. Based on current requirements, most tribes will have no new eligible members in 50 years, and many will cease to exist within a century.
-Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton High Country News January 19, 2009 Vol.41 No.1 Pg.16
Wednesday, November 19, 2014
"Blood Quantum," a song by The Indigo Girls Quote
You're standing in the blood
quantum line
With a pitcher in your hand
Poured from your heart into your veins
You said I am
I am
I am
Now measure me
Measure me
Tell me where I stand
Allocate my very soul
Like you have my land
-Excerpt from "Blood Quantum," a song by The Indigo Girls
from Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton in High Country News
January 19, 2009 Vol.41 No.1 Pg.17
quantum line
With a pitcher in your hand
Poured from your heart into your veins
You said I am
I am
I am
Now measure me
Measure me
Tell me where I stand
Allocate my very soul
Like you have my land
-Excerpt from "Blood Quantum," a song by The Indigo Girls
from Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton in High Country News
January 19, 2009 Vol.41 No.1 Pg.17
Blood Quantum A complicated system that determines tribal membership by Andrea Appleton quote
The only way Ryan can avoid watering down his Fort Peck blood is to marry within the tribe. But that will not be easy: He's related to many of his fellow members. Thousands of Native Americans are not enrolled in their tribes because their bloodlines have become diluted over the years, as is happening with the Comes Last family. Even some full-blooded Native Americans lack enough of any one tribe's heritage to qualify for enrollment. And there are many mixed marriages: Studies show that about 60 percent of Native Americans marry outside of their ethnicity, a higher rate than any other group. Demographers predict that by 2080, 92 percent of Native Americans will be more than half non-Native. Already, a new generation is finding it is not "Indian" enough to enroll. Though its members may live on the reservation, participate in tribal ceremonies and even study their ancestral language, they are not eligible for a range of federal and tribal benefits, from subsidized health care and tribal voting rights to job preference and the right to gather eagle feathers. And, on a more intangible note, many simply feel they do not belong. As more and more children are born with blood that doesn't measure up, tribes across the West are taking a look at their enrollment requirements. In the process, deeper questions- about culture, about identity, about the future of the tribes-are coming to the surface. Underlying them all is one with no easy answer: What exactly does it mean to be an Indian?
-Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton High Country News For people who care about the West January 19, 2009 Vol.41 No.1
-Blood Quantum A complicated system that determines tribal membership threatens the future of American Indians by Andrea Appleton High Country News For people who care about the West January 19, 2009 Vol.41 No.1
University of Delaware Assistant Professor Arica L. Coleman Quote
I tell my students all the time that there has always been the politics of difference, so as long as there are more than two or three people on this planet, somebody is going to find a reason why they are better than you. Before, it was religion. But now in our American society it is this myth of race, or separate biological races. So now we have Native people and this issue of blood quantum-it may take one drop of blood to make a black person, but it takes a lot of blood to make an Indian. That is politics. That is not scientific, or the law of God-it is somebody's politics.
-University of Delaware Assistant Professor Arica L. Coleman being quoted in a article entitled Blood On Their Minds, And Hands Exploring the political exploitation of racial labels and blood quantum in America by Vincent Schilling in This Week From Indian Country Today Vol.3, Issue 17, May 8, 2013, pg.31
-University of Delaware Assistant Professor Arica L. Coleman being quoted in a article entitled Blood On Their Minds, And Hands Exploring the political exploitation of racial labels and blood quantum in America by Vincent Schilling in This Week From Indian Country Today Vol.3, Issue 17, May 8, 2013, pg.31
William Faulkner Quote
To live anywhere in the world today and be against equality because of race or color, is like living in Alaska and being against snow.
-William Faulkner
-William Faulkner
For The Common Defense A Military History of the United States of America by Allan R. Millett & Peter Maslowski pg.11
Before the white man's arrival Indian tribes living along the east coast engaged in endemic warfare, but the fighting was seldom costly in lives or property. Roger Williams correctly observed that Indian warfare was far less bloody than European warfare, and many whites reacted contemptuously to the mild manner in which Indians fought. For instance, Captain John Underhill affirmed that "they might fight seven years and not kill seven men. They came not near one another, but shot remote, and not point-blank, as we often do with our bullets, but at rovers, and then they gaze up in the sky to see where the arrow falls, and not until it is fallen do they shoot again. This fight is more for pasttime, than to conquer and subdue enemies." Furthermore, the natives did not wage total war, rarely striking at noncombatants or engaging in the systematic destruction of food supplies and property.
-For The Common Defense A Military History of the United States of America by
Allan R. Millet & Peter Maslowski pg.11
-For The Common Defense A Military History of the United States of America by
Allan R. Millet & Peter Maslowski pg.11
For The Common Defense A Military History of the United States of America by Allan R. Millett & Peter Maslowski
During the first seventy years of settlement a series of Indian wars severely tested colonial military institutions. The natives' overall initial reaction to the pale-skinned arrivals was cautious hospitality, but within two decades the whites' land greed, plus a general cultural incompatibility, created open hostility. Before considering the resulting wars, it is necessary to understand Indian methods of warfare, the problems Indian tactics posed for the whites, and the ways in which the Europeans overcame these difficulties.
-For The Common Defense A Military History of the United States of America by
Allan R. Millett & Peter Maslowski
-For The Common Defense A Military History of the United States of America by
Allan R. Millett & Peter Maslowski
War Against the Weak Eugenics And America's Campaign To Create A Master Race by Edwin Black pg.xvi-xvii
The victims of eugenics were poor urban dwellers and rural “white trash” from New England to California, immigrants from across Europe, Blacks, Jews, Mexicans, Native Americans, epileptics, alcoholics, petty criminals,The mentally ill and anyone else who did not resemble the blond and blue-eyed Nordic ideal the eugenics movement glorified. Eugenics contaminated many otherwise worthy social, medical and educational causes from the birth control movement to the development
of psychology to urban sanitation. Psychologists persecuted their patients. Teachers stigmatized their students. Charitable associations clamored to send those in need of help to lethal chambers they hoped would be constructed. Immigration assistance bureaus connived to send the most needy to sterilization mills. Leaders of the Ophthalmology profession conducted a long and chilling political campaign to round up and coercively sterilize every relative of every American with a vision problem. All of this churned throughout America years before the Third Reich rose in Germany.
Eventually, America’s eugenic movement spread to Germany as well, where it caught the fascination of Adolf Hitler and the Nazi movement.
The Nazis were fond of saying “National Socialism is nothing but applied biology,” and in 1934 the Richmond Times-Dispatch quoted a prominent American eugenicist as saying, “The Germans are beating us at our own game.”
-War Against the Weak Eugenics And America’s campaign To Create A Master Race by Edwin Black
Pg.xvi-xvii
of psychology to urban sanitation. Psychologists persecuted their patients. Teachers stigmatized their students. Charitable associations clamored to send those in need of help to lethal chambers they hoped would be constructed. Immigration assistance bureaus connived to send the most needy to sterilization mills. Leaders of the Ophthalmology profession conducted a long and chilling political campaign to round up and coercively sterilize every relative of every American with a vision problem. All of this churned throughout America years before the Third Reich rose in Germany.
Eventually, America’s eugenic movement spread to Germany as well, where it caught the fascination of Adolf Hitler and the Nazi movement.
The Nazis were fond of saying “National Socialism is nothing but applied biology,” and in 1934 the Richmond Times-Dispatch quoted a prominent American eugenicist as saying, “The Germans are beating us at our own game.”
-War Against the Weak Eugenics And America’s campaign To Create A Master Race by Edwin Black
Pg.xvi-xvii
The Medieval And Renaissance Origins of the Status of the American Indian in Western Legal Thought pg.81
358.Columbus originated the idea that the Indians lacked the
conception of privately held property. In his widely circulated
letter of 1493, he noted that the inhabitants of the Indies have
no iron or steel or weapons, nor are they fitted to use them.
This is not because they are not well built and of handsome
stature, but because they are very marvelously timorous…It
is true that, after they have been reassured and have lost
this fear, they are so guileless and so generous with all that
they possess, that no one would believe it who has not seen
it. They refuse nothing that they possess; if it be asked of
them; on the contrary, they invite anyone to share it and
display as much love as if they would give their hearts.
….
…I have not been able to learn if they hold private property;
it seemed to me to be that all took a share in whatever anyone
had, especially eatable things.
The Journal of Christopher Columbus 194, 200 (C. Jane trans.1960).
The Medieval And Renaissance origins of the status of the American
Indian In Western Legal Thought by Robert A. Williams, Jr.
Pg.81
conception of privately held property. In his widely circulated
letter of 1493, he noted that the inhabitants of the Indies have
no iron or steel or weapons, nor are they fitted to use them.
This is not because they are not well built and of handsome
stature, but because they are very marvelously timorous…It
is true that, after they have been reassured and have lost
this fear, they are so guileless and so generous with all that
they possess, that no one would believe it who has not seen
it. They refuse nothing that they possess; if it be asked of
them; on the contrary, they invite anyone to share it and
display as much love as if they would give their hearts.
….
…I have not been able to learn if they hold private property;
it seemed to me to be that all took a share in whatever anyone
had, especially eatable things.
The Journal of Christopher Columbus 194, 200 (C. Jane trans.1960).
The Medieval And Renaissance origins of the status of the American
Indian In Western Legal Thought by Robert A. Williams, Jr.
Pg.81
Custer's Last Campaign by John S. Gray pg.21
Only respect and understanding of others can earn respect and understanding from others.
-Custer's Last Campaign Mitch Boyer and the Little Big Horn Reconstructed
by John S. Gray
pg.21
-Custer's Last Campaign Mitch Boyer and the Little Big Horn Reconstructed
by John S. Gray
pg.21
The Medieval And Renaissance Origins of the Status of the American Indian in Western Legal Thought pg.28
110. See L. Hanke, ARISTOTLE AND THE AMERICAN INDIANS 8 (1959) ("final
conquest of Granada was the climax of a long national effort to establish Christian
hegemony in Spain"). One interesting, although perhaps apocryphal story, provides
an insight into the tenor of the times in Spain at the dawn of the discovery era. In
1492, the scholar Antonio de Nebrija presented Queen Isabella with his Spanish
Gramatica. Upon presentation, Isabella reportedly asked the scholar who had composed the first-ever grammar of any modern European language, "What is it
for?" Nebrija answered presciently: "Language is the perfect instrument of empire."
J. TREND, THE CIVILIZATION OF SPAIN 88 (1944).
-The Medieval And Renaissance Origins of the Status of the American Indian In Western Legal Thought by Robert A. Williams Southern California Law Review
pg.28
conquest of Granada was the climax of a long national effort to establish Christian
hegemony in Spain"). One interesting, although perhaps apocryphal story, provides
an insight into the tenor of the times in Spain at the dawn of the discovery era. In
1492, the scholar Antonio de Nebrija presented Queen Isabella with his Spanish
Gramatica. Upon presentation, Isabella reportedly asked the scholar who had composed the first-ever grammar of any modern European language, "What is it
for?" Nebrija answered presciently: "Language is the perfect instrument of empire."
J. TREND, THE CIVILIZATION OF SPAIN 88 (1944).
-The Medieval And Renaissance Origins of the Status of the American Indian In Western Legal Thought by Robert A. Williams Southern California Law Review
pg.28
Glacier Reporter Letter to the Editor by Robert C. Juneau
To the Editor:
In a book called Without Conscience by Robert D. Hare, PhD Socialization is defined as,"Learning to behave according to the rules and regulations of society, called socialization, is a complex process. On a practical level it teaches children" how things are done." In the process, socialization- through parenting, schooling, social experiences, religious training, and so forth-helps to create a system of beliefs, attitudes, and personal standards that determine how we interact with the world around us. Socialization also contributes to the fromation of what most people call their conscience, the pesky inner voice that helps us to resist temptation and to feel guilty when we dont. Together, this inner voice and the internalized norms and rules of society act as an "inner policeman," regulating our behavior even in the absence of the many external controls, such as laws, our perceptions of what others expect of us, and real-life policemen. It's no overstatement to say that our internal controls make society work. Our collective amazement and fascination with the psychopath's utter disregard for rules suggests, by comparison, the power our "inner policemen" actually have over us. (75)" In our History as Blackfeet people we have adopted people with no Native American ancestry such as Bob Scriver, George Bird Grinnel, President Ronald Reagan, James Willard Schultz. Our tribe adopted people from other tribes without any thought as to how much Blackfeet blood they had. I believe our tribe should embrace and enroll the Blackfeet Descendant/Land Heirs by signing the BEAR Petition and allowing the issue to come to a vote. I also believe our Blackfeet Forefathers and Mothers believed the same thing and I offer this statement by Chief White Calf from the Minutes of the Negotiations of the 1895 Blackfeet Treaty as the proof. "These words that I have spoken are not my words only, but are the words of all that are here. They think as I do. Our mixed bloods are a part of ourselves. We have the same blood in our veins. The Great Spirit had divided the people up. You whites came across the great water; we always lived here; this is our land. I desire that the mixed bloods should be provided for, for they are a part of this people. We have a great many cattle and some horses, so we want to retain the grazing land for them to feed upon. That is the reason I am speaking to you. I am speaking for my people. I know it is the sentiment of them all that we deep the grazing lands. They have taken up locations all over the reservation. All the different tribes of Indians were of the same blood. The only difference was that they did not speak the same language. I told our Indians to come to this part. This is our land. There are many children now, going to school. There are miny mixed bloods in the room; there are many that have come here since the last treaty; there is no end to civilizing our children now. They are all going to school and receiving an education, and will not have a stop to it. Our little children are the ones that will get the benefit from these lands.
In a book called Without Conscience by Robert D. Hare, PhD Socialization is defined as,"Learning to behave according to the rules and regulations of society, called socialization, is a complex process. On a practical level it teaches children" how things are done." In the process, socialization- through parenting, schooling, social experiences, religious training, and so forth-helps to create a system of beliefs, attitudes, and personal standards that determine how we interact with the world around us. Socialization also contributes to the fromation of what most people call their conscience, the pesky inner voice that helps us to resist temptation and to feel guilty when we dont. Together, this inner voice and the internalized norms and rules of society act as an "inner policeman," regulating our behavior even in the absence of the many external controls, such as laws, our perceptions of what others expect of us, and real-life policemen. It's no overstatement to say that our internal controls make society work. Our collective amazement and fascination with the psychopath's utter disregard for rules suggests, by comparison, the power our "inner policemen" actually have over us. (75)" In our History as Blackfeet people we have adopted people with no Native American ancestry such as Bob Scriver, George Bird Grinnel, President Ronald Reagan, James Willard Schultz. Our tribe adopted people from other tribes without any thought as to how much Blackfeet blood they had. I believe our tribe should embrace and enroll the Blackfeet Descendant/Land Heirs by signing the BEAR Petition and allowing the issue to come to a vote. I also believe our Blackfeet Forefathers and Mothers believed the same thing and I offer this statement by Chief White Calf from the Minutes of the Negotiations of the 1895 Blackfeet Treaty as the proof. "These words that I have spoken are not my words only, but are the words of all that are here. They think as I do. Our mixed bloods are a part of ourselves. We have the same blood in our veins. The Great Spirit had divided the people up. You whites came across the great water; we always lived here; this is our land. I desire that the mixed bloods should be provided for, for they are a part of this people. We have a great many cattle and some horses, so we want to retain the grazing land for them to feed upon. That is the reason I am speaking to you. I am speaking for my people. I know it is the sentiment of them all that we deep the grazing lands. They have taken up locations all over the reservation. All the different tribes of Indians were of the same blood. The only difference was that they did not speak the same language. I told our Indians to come to this part. This is our land. There are many children now, going to school. There are miny mixed bloods in the room; there are many that have come here since the last treaty; there is no end to civilizing our children now. They are all going to school and receiving an education, and will not have a stop to it. Our little children are the ones that will get the benefit from these lands.
George Washington Quote
Perseverence and spirit have done wonders in all ages.
-General George Washington
from 1776 by David McCullough
-General George Washington
from 1776 by David McCullough
Without Conscience by Robert Hare, PhD pg.75
Learning to behave according to the rules and regulations of society, called socialization, is a complex process. On a practical level it teaches children "how things are done." In the process, socialization-through parenting, schooling, social experiences, religious training, and so forth-helps to create a system of beliefs, attitudes, and personal standards that determine how we interact with the world around us. Socialization also contributes to the formation of what most people call their conscience, the pesky inner voice that helps us to resist temptation and to feel guilty when we don't. Together, this inner voice and the internalized norms and rules of society act as an "inner policeman," regulating our behavior even in the absence of the many external controls, such as laws, our perceptions of what others expect of us, and real-life policemen. It's no overstatement to say that our internal controls make society work. Our collective amazement and fascination with the psychopath's utter disregard for rules suggests, by comparison, the power our
"inner policemen" actually have over us.
-Without Conscience The Disturbing world of Psychopaths Among Us by
Robert Hare, PhD pg.75
"inner policemen" actually have over us.
-Without Conscience The Disturbing world of Psychopaths Among Us by
Robert Hare, PhD pg.75
The Algebra of Federal Indian Law by Robert A. Williams, Jr. pg.222
Despite Myer’s previous success in carrying out a
sensitive mission with dark moral overtones, many
Indians balked at the bill of goods the new Commissioner-
designate of Indian Affairs had been assigned to sell.
At one gathering of Indian people, for instance, Myer
had been preaching about the potential benefits of the
Indian’s “complete integration” into the mainstream of
political, economic, and social life in the United States,
when he asked the rhetorical question of the day:
“What can we do to Americanize the Indian?” An Indian
elder rose and answered Mr. Myer as follows:
You will forgive me if I tell you that my people were
Americans for thousands of years before your people
were. The question is not how you can Americanize us
but how we can Americanize you. We have been working
at that for a long time. Sometimes we are discouraged at
the results, but we will keep trying. And the first thing we
want to teach you is that, in the American way of life,
each man has respect for his brother’s vision. Because
each of us respected his brother’s dream, we enjoyed
freedom here in America while you people were busy
killing and enslaving each other across the water. The
relatives you left behind…are still trying to kill each
other and enslave each other because they have not
learned there that freedom is built on my respect for
my brother’s vision and his respect for mine. We have
a hard trail ahead of us in trying to Americanize you and
your white brothers. But we are not afraid of hard trails.
-The Algebra of Federal Indian Law: The Hard Trail of
Decolonizing and Americanizing The White Man’s Indian
Jurisprudence by Robert A. Williams, Jr.
Pg.222 Wisconsin Law Review
sensitive mission with dark moral overtones, many
Indians balked at the bill of goods the new Commissioner-
designate of Indian Affairs had been assigned to sell.
At one gathering of Indian people, for instance, Myer
had been preaching about the potential benefits of the
Indian’s “complete integration” into the mainstream of
political, economic, and social life in the United States,
when he asked the rhetorical question of the day:
“What can we do to Americanize the Indian?” An Indian
elder rose and answered Mr. Myer as follows:
You will forgive me if I tell you that my people were
Americans for thousands of years before your people
were. The question is not how you can Americanize us
but how we can Americanize you. We have been working
at that for a long time. Sometimes we are discouraged at
the results, but we will keep trying. And the first thing we
want to teach you is that, in the American way of life,
each man has respect for his brother’s vision. Because
each of us respected his brother’s dream, we enjoyed
freedom here in America while you people were busy
killing and enslaving each other across the water. The
relatives you left behind…are still trying to kill each
other and enslave each other because they have not
learned there that freedom is built on my respect for
my brother’s vision and his respect for mine. We have
a hard trail ahead of us in trying to Americanize you and
your white brothers. But we are not afraid of hard trails.
-The Algebra of Federal Indian Law: The Hard Trail of
Decolonizing and Americanizing The White Man’s Indian
Jurisprudence by Robert A. Williams, Jr.
Pg.222 Wisconsin Law Review
The Algebra of Federal Indian Law by Robert A. Williams pg.225
14.With respect to contemporary theories of hegemony,
again, Nietzsche provided important originary insights.
It is “the worship of the ‘power of history,’”which Nietzsche
claims: turns every moment into a sheer gaping at success,
into an idolatry of the actual: for which we have now
discovered the characteristic phrase “to adapt ourselves to
circumstances.” But the man who has once learned to crook
the knee and bow the head before the power of history, nods
yes at last, like a Chinese doll, to every power, whether it be a
government or a public opinion or a numerical majority; and
his limbs move correctly as the power pulls the string. If each
success have come by a “rational necessity,” and every event
show the victory of logic or the “idea,” then – down on your
knees quickly, and let every step in the ladder of success have
its reverence! There are no more living mythologies you say?
Religions are at their last gasp? Look at the religion of the power
history, and the priests of the mythology of Ideas, with their
scarred knees! Do not all the virtues follow in the train of the
new faith? And shall we not call it unselfishness, when the
historical man lets himself be turned into a “objective” mirror
of all that is?
F. Nietzsche, Thoughts Out of Season, Part II, in 5 The Complete
Works of Nietzsche, 72 (1964). On hegemony and its functioning
in European-derived late-capitalist society and culture, see generally,
M. HORKHEIMER, Authority and the Family, CRITICAL THEORY, 47-131
(1972). The standard text is Gramsci’s, see A. GRAMSCI, SELECTIONS
FROM THE PRISON NOTEBOOKS (1983).
-The Algebra of Federal Indian Law: The Hard Trail of Decolonizing
and Americanizing The White Man’s Jurisprudence
by Robert A. Williams
pg.225
Wisconsin Law Review
again, Nietzsche provided important originary insights.
It is “the worship of the ‘power of history,’”which Nietzsche
claims: turns every moment into a sheer gaping at success,
into an idolatry of the actual: for which we have now
discovered the characteristic phrase “to adapt ourselves to
circumstances.” But the man who has once learned to crook
the knee and bow the head before the power of history, nods
yes at last, like a Chinese doll, to every power, whether it be a
government or a public opinion or a numerical majority; and
his limbs move correctly as the power pulls the string. If each
success have come by a “rational necessity,” and every event
show the victory of logic or the “idea,” then – down on your
knees quickly, and let every step in the ladder of success have
its reverence! There are no more living mythologies you say?
Religions are at their last gasp? Look at the religion of the power
history, and the priests of the mythology of Ideas, with their
scarred knees! Do not all the virtues follow in the train of the
new faith? And shall we not call it unselfishness, when the
historical man lets himself be turned into a “objective” mirror
of all that is?
F. Nietzsche, Thoughts Out of Season, Part II, in 5 The Complete
Works of Nietzsche, 72 (1964). On hegemony and its functioning
in European-derived late-capitalist society and culture, see generally,
M. HORKHEIMER, Authority and the Family, CRITICAL THEORY, 47-131
(1972). The standard text is Gramsci’s, see A. GRAMSCI, SELECTIONS
FROM THE PRISON NOTEBOOKS (1983).
-The Algebra of Federal Indian Law: The Hard Trail of Decolonizing
and Americanizing The White Man’s Jurisprudence
by Robert A. Williams
pg.225
Wisconsin Law Review
The Algebra of Federal Indian Law by Robert A. Williams pg.219
Professor Robert Williams examines the historical origins of modern
Indian law jurisprudence. He argues that the white man’s European-
derived legal discourse relies on historically derived myths to legitimize
the colonization and subordination of Indian tribes. These myths have
their roots in the medieval Christian Church’s attempts to use legal
discourse to justify the Crusades and colonization, to assert the primacy
of Eurocentric norms, and to deny respect to all differing norms and values.
Professor Williams contends that modern Indian law opinions continue to
assert the primacy of the white man’s values and the subordination of the
Indian’s worldview, although the origins of this approach have been obscured
and forgotten. In order to win their cases in American courts, he argues
Indian tribes must emphasize their acceptance and adoption of the white
man’s legal and political values. Professor Williams believes that an
“Americanized” approach to Indian law jurisprudence should replace the
Eurocentric one. An Americanized approach acknowledges the need
for different American Peoples to respect each other’s worldviews,
rather than to use legal discourse to subordinate all norms which differ
from those of the white man.
-The Algebra of Federal Indian Law: The Hard Trail of Decoolonizing and
Americanizing The White Man’s Indian Jurisprudence
Wisconsin Law Review
by Robert A. Williams, Jr. pg.219
Indian law jurisprudence. He argues that the white man’s European-
derived legal discourse relies on historically derived myths to legitimize
the colonization and subordination of Indian tribes. These myths have
their roots in the medieval Christian Church’s attempts to use legal
discourse to justify the Crusades and colonization, to assert the primacy
of Eurocentric norms, and to deny respect to all differing norms and values.
Professor Williams contends that modern Indian law opinions continue to
assert the primacy of the white man’s values and the subordination of the
Indian’s worldview, although the origins of this approach have been obscured
and forgotten. In order to win their cases in American courts, he argues
Indian tribes must emphasize their acceptance and adoption of the white
man’s legal and political values. Professor Williams believes that an
“Americanized” approach to Indian law jurisprudence should replace the
Eurocentric one. An Americanized approach acknowledges the need
for different American Peoples to respect each other’s worldviews,
rather than to use legal discourse to subordinate all norms which differ
from those of the white man.
-The Algebra of Federal Indian Law: The Hard Trail of Decoolonizing and
Americanizing The White Man’s Indian Jurisprudence
Wisconsin Law Review
by Robert A. Williams, Jr. pg.219
The Algebra of Federal Indian Law by Robert A. Williams pg.309
Indians have the highest rate of interracial marriage of any minority in America. In 1970, more than thirty-three percent of all Indians were married to non-Indians (compared to one percent of all Americans who married outside their race). A decade later that number was fifty percent. A congressional study suggested that the perecentage of Indians with half or more Indian blood would decline from about eighty-seven percent in 1980 to just eight perecent by 2080. As a result of this trend, many Indians believe that it is time that tribes dispense with the blood quantum as a criterion of membership. In fact, Indians marched in protest over the use of the blood quantum in Denver in March, 1999, stating that use of a blood quntum to determine membership disenfranchises increasing numbers of mixed-blood urban youths.
-The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing The White Man's Indian Jurisprudence by Robert A. Williams, Jr.
Wisconsin Law Review 1986
Pg.309
-The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing The White Man's Indian Jurisprudence by Robert A. Williams, Jr.
Wisconsin Law Review 1986
Pg.309
The Algebra Of Federal Indian Law by Robert A. Williams pg.232-233
Pope Innocent IV, author of the letters to the Great Khan, subtly manipulated the elasticized matrix of knowledge provided by medieval Church legal theory to mediate this apparent conflict in the universal Christian commonwealth. His theorizations on the rights and status of normatively divergent peoples provided the necessary regulating principles for the conquest of these unregenerate infidel and heathen nations. Maitland once described this thirteenth century canon law scholar as "the greatest lawyer that ever sat upon the chair of St. Peter." Innocent was the first great medieval legal theorist who attempted to systematically address the question of the legal rules that might govern Christian relations with non-Christians. Numerous legal theorists would subsequently embellish upon his influential work. Innocent, however, was the first great European legal theorist to articulate systematically the legal status and rights of non-Christian societies. In an extended commentary upon an earlier papal decretal, Quod Super his, Innocent asked: "[I]s it licit to invade a land that infidels possess, or which belongs to them?"
-The Algebra Of Federal Indian Law: The Hard Trail Of Decolonizing And Americanizing The White Man's Indian Jurisprudence by Robert A. Williams
Wisconsin Law Review Pg.232-233
-The Algebra Of Federal Indian Law: The Hard Trail Of Decolonizing And Americanizing The White Man's Indian Jurisprudence by Robert A. Williams
Wisconsin Law Review Pg.232-233
Terror in the Name of God by Jessica Stern pg.xxiii
Philosophers traditionally identify three kinds of evil: moral evil-suffering caused by the deliberate imposition of pain on sentient beings; natural evil-suffering caused by natural processes such as disease or natural disaster; and metaphysical evil-suffering caused by imperfections in the cosmos or by chance, such as a murderer going unpunished as a result of random imperfections in the court system. The use of the word evil to describe such disparate phenomena is a remnant of pre-Enlightenment thinking, which viewed suffereing (natural and metaphysical evil) as punishment for sin (moral evil). But at the trial of Adolf Eichmann, Hannah Arendt observed another kind of moral evil: men who comply, unthinkingly, with evil rulers, regulations, or unfair systems, perpetrating unspeakably cruel acts. In this "banal" form of evil, perpetrators shut off the knowledge that their victims are human beings.
-Terror in the Name of God by Jessica Stern pg.xxiii
-Terror in the Name of God by Jessica Stern pg.xxiii
Who is an Indian? Searching for an Answer to the Question at the Core of Federal Indian Law by Margo S. Brownell pg.289
Five decades after the passage of the IRA, however, the BIA was still stumbling over how to determine blood quantum. In a 1981 memorandum from Scott Keep, Assistant Solicitor of the Department of the Interior (DOI), to the Deputy Assistant Secretary of Indian Affairs, Keep acknowledged that the Bureau had no administrative procedure for determining blood quantum and was handling such decisions on a case-by-case basis. The memo stated, "[w]e strongly recommend that the Bureau establish, or more accurately re-establish, an administrative decision procedure to determine whether individuals claiming eligibility for IRA benefits actually possess one-half degree Indian blood.
-from Who is an Indian? Searching for an Answer to the Question at the Core of Federal Indian Law by Margo S. Brownell
University of Michigan Journal of Law Reform/Volume 34 Issues 1 & 2/Fall 2000 And
Winter 2001 page 289
-from Who is an Indian? Searching for an Answer to the Question at the Core of Federal Indian Law by Margo S. Brownell
University of Michigan Journal of Law Reform/Volume 34 Issues 1 & 2/Fall 2000 And
Winter 2001 page 289
Three Facets of Identity
Three facets of Identity
1.self-identification
2.community identification
3.external identification
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2
1.self-identification
2.community identification
3.external identification
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2
Tuesday, November 18, 2014
Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver pg.252
Sometimes we are our own worst enemies. Our divisions should be reconcilable, but internalized colonization and oppression just lead to deeper divisions. Features of internalized oppression and colonization can be found in many oppressed communities in addition to the indigenous communities discussed here. Actions and reactions born of internalized oppression and colonization are themselves acts of colonization that mirror the oppressors' acts. Until we are able to put aside our own insecurities that lead us to accuse others, there will be no winners among indigenous people.
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2 page 252
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2 page 252
Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver pg.249
Internalized oppression/colonization
Perhaps the harshest arbiters of Native identity are Native people themselves. Federal policies that treated Native people of mixed heritage differently than those without mixed heritage effectively attacked unity within Native communities, thereby turning indigenous people against each other. Some Native people fight others fiercely to prevent them from claiming a Native identity.
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2 page 249
Perhaps the harshest arbiters of Native identity are Native people themselves. Federal policies that treated Native people of mixed heritage differently than those without mixed heritage effectively attacked unity within Native communities, thereby turning indigenous people against each other. Some Native people fight others fiercely to prevent them from claiming a Native identity.
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2 page 249
Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver pg.249 & 252
The conflict in the story "The Big Game" illustrates the difficulty inherent in measuring identity by any one standard.
page 249
Through internalized oppression/colonization, we have become our own worst enemy. The hateful accusations that are hurled at some serve to hurt our communities."The Big Game"illustrates this point. It is a story of the pain we inflict on each other as a result of internalized colonization.
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2 page 252
page 249
Through internalized oppression/colonization, we have become our own worst enemy. The hateful accusations that are hurled at some serve to hurt our communities."The Big Game"illustrates this point. It is a story of the pain we inflict on each other as a result of internalized colonization.
-from Indigenous Identity What is it, and Who really has it? by Hilary N. Weaver
American Indian Quarterly/Spring 2001/Vol.25, No.2 page 252
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