Friday, July 1, 2016

Hays on Andrew Jackson and Native-American Sovereignty

Joel Stanford Hays has posted Twisting the Law: Legal Inconsistencies in Andrew Jackson's Treatment of Native-American Sovereignty and State Sovereignty, which appeared in the Journal of Southern Legal History 21 (2013): 157-92:
Andrew Jackson (LC)
This article explores the legal history and development of federal Native-American law doctrine, focusing on the sovereignty of Native-American tribes as a basis of Native-American tribal power. Native-American sovereignty has been infringed upon by governmental policies, especially during the Andrew Jackson administration. Although Andrew Jackson was a supporter of state sovereignty, Jackson often ignored guaranteed protections of the federal government to the Native-American nations, intruding on the individual State’s prerogatives. The legal inconsistencies in Andrew Jackson’s treatment of Native-American sovereignty and State sovereignty is analyzed. The influence of Jacksonian administration policies on the subsequent development of Native-American law doctrine, governmental policies, and the judicial philosophy of individual Supreme Court Justices,  is traced through the twenty-first century.