Title

Indigenizing the U.S. Constitution

Abstract

The extra-constitutional status of Indigenous peoples within the US has always been both blessing and curse. From this legally obscure position, and against all odds, Native nations have managed to fend off centuries of attempts at eradication and assimilation. Given this hard-fought status, any amendment crafted in an attempt to improve the status of Indigenous people in the U.S. is a dangerous proposition. Disturbing the existing balance in pursuit of overtly recognized rights as formally integrated polities is a gamble that could jeopardize the collective inherent sovereign rights and powers Native peoples have retained as citizens of their nations. If the scales were to be tipped in a way that were to weaken Tribal sovereignty, legal and moral protections would be lost and the rights of Indigenous peoples diminished to the level of other ethnic groups.

Document Type

Article

Publication Date

11-23-2020

Publisher Statement

COPYRIGHT © 2020, STARTINGPOINTS

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