Download Like a Loaded Weapon: The Rehnquist Court, Indian Rights, by Robert A. Williams Jr PDF

By Robert A. Williams Jr

Robert A. Williams Jr. boldly exposes the continuing felony strength of the racist language directed at Indians in American society. Fueled by way of famous unfavourable racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” within the ideally suited Court’s Indian legislations decisions. Beginning with leader Justice John Marshall’s foundational reviews within the early 19th century and carrying on with this day within the judgments of the Rehnquist courtroom, Williams indicates how undeniably racist language and precedent are nonetheless utilized in Indian legislation to justify the denial of significant rights of estate, self-government, and cultural survival to Indians. development at the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been hired by means of the courts to legalize a uniquely American kind of racial dictatorship over Indian tribes by way of the U.S. government. Williams concludes with a innovative suggestion for reimagining the rights of yank Indians in foreign legislation, in addition to thoughts for compelling the present ultimate court docket to confront the racist origins of Indian legislations and for difficult bigoted methods of speaking, pondering, and writing approximately American Indians. Robert A. Williams Jr. is professor of legislation and American Indian stories on the James E. Rogers collage of legislations, college of Arizona. A member of the Lumbee Indian Tribe, he's writer of the yank Indian in Western criminal proposal: The Discourses of Conquest and coauthor of Federal Indian legislations.

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Additional resources for Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America (Indigenous Americas)

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12 In exercising their destructive jurispathic function in our legal system, the justices of the Court, through their “implicit claim to authoritative interpretation,” can and often do play a critical role in sanctioning and perpetuating racism against certain groups. The stereotypes or images that the Court has thus legitimated and expanded can now be used to legally justify a rights-denying, jurispathic form of racism against those groups. ”13 In other words, the justices have the legal authority in our society to tell people that it’s not only reasonable to act in a racially discriminatory and hostile way, it’s perfectly legal as well.

25 So for all you empiricists out there who say, “Show me I’m a racial profiler and don’t know it,” here’s a quick self-test I’ve designed and administered to my Indian law students to help them see whether they have been unconsciously influenced by racist stereotypes perpetuated against black people. This test is designed to show whether you have been affl icted with one of the more pervasive and widespread forms of Negrophobia without even knowing it. Imagine for a moment what your reaction might be if you encountered a young black male on a lonely urban street late at night.

They are powerful, motivating, and still-vital forces in our individual and collective lives, and they affect every one of us in many diverse, aversive, and insidious ways. ” exposed to various forms of what Armour calls “Negrophobia,” even if we think we aren’t really racist or prejudiced toward blacks in our own daily lives. A Test for Negrophobia It is important at this point to acknowledge that the hostile stereotypes we’re talking about are not easy to change or to eradicate from our individual or collective cultural consciousness.

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