CONTENTS

Introduction

CHAPTER I. Europeans and the New World

CHAPTER II. The Articles of Confederation

CHAPTER III. The Constitution and American Indian Tribes

The Federalist Papers

Explicit Clauses Dealing with Indians

Implicit Clauses Dealing with Indians

CHAPTER IV. The Relationship of Indian Tribes to the Three Branches of the Federal Government

Indians and the Executive Branch

Indians and the Legislative Branch

Indians and the Judicial Branch

CHAPTER V. The Historical Development of Constitutional Clauses

The Treaty-making Power

The Power to Regulate Commerce

The Property Clause

Miscellaneous Constitutional Clauses

CHAPTER VI. The Constitutional Amendments

The Bill of Rights

The First Amendment: The Establishment of Religion

The First Amendment: The Free Exercise Clause

The Lyng Decision

The Smith Decision

The First Amendment: Freedoms of Speech and Assembly

The Fourth Amendment: Search and Seizure

The Fifth Amendment: Double Jeopardy

The Fifth Amendment: Due Process

The Fifth Amendment: Just Compensation

The Sixth Amendment: Legal Counsel

CHAPTER VII. The Later Constitutional Amendments

The Thirteenth Amendment

The Fourteenth Amendment: Citizenship and Due Process

The Fifteenth Amendment

The Sixteenth Amendment

The Prohibition Amendments

The Twenty-sixth Amendment

CHAPTER VIII. The Status of Indian Tribes and the Constitution

Notes

References

Index of Cases

General Index