Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples

by Peter P. d'Errico

Overview

Telling the crucial and under-studied story of the U.S. legal doctrines that underpin the dispossession and domination of Indigenous peoples, this book intends to enhance global Indigenous movements for self-determination.

In this wide-ranging historical study of federal Indian law—the field of U.S. law related to Native peoples—attorney and educator Peter P. d'Errico argues that the U.S. government's assertion of absolute prerogative and unlimited authority over Native peoples and their lands is actually a suspension of law.

Combining a deep theoretical analysis of the law with a historical examination of its roots in Christian civilization, d'Errico presents a close reading of foundational legal cases and raises the possibility of revoking the doctrine of domination. The book's larger context is the increasing frequency of Indigenous conflicts with nation-states around the world as ecological crises caused by industrial extraction impinge drastically on Indigenous peoples' existences. D'Errico's goal is to rethink the role of law in the global order—to imagine an Indigenous nomos of the earth, an order arising from peoples and places rather than the existing hegemony of states.

• Combines a deep theoretical analysis of the law with historical perspective
• Argues that federal Indian law is an exception from regular legal processes
• Offers a global Indigenous perspective on human civilization
• Provides analysis from an attorney and educator with decades of experience in federal Indian law

Product Details

ISBN-13:	9781440879210
Publisher:	Bloomsbury Academic
Publication date:	09/27/2022
Pages:	280
Product dimensions:	6.35(w) x 9.55(h) x 0.95(d)
Age Range:	12 - 18 Years

About the Author

Peter P. d'Errico, JD (LLB), is professor emeritus of legal studies at the University of Massachusetts at Amherst.

Table of Contents

Preface: Seeing between Worlds ix

Acknowledgments xix

Introduction: The Plan of the Book xxi

Chapter 1 Learning in Navajoland 1

Chapter 2 "Indians" 15

Chapter 3 Federal Anti-Indian Law 35

Chapter 4 The Domination Matrix 70

Chapter 5 Revoking Christian Discovery Doctrine 106

Chapter 6 Federal Anti-Indian Law in the Classroom 142

Chapter 7 Call to Consciousness 164

Notes 189

Index 231

What People are Saying About This

Kent McNeil

"In this ground-breaking work, d’Errico launches a frontal attack on the whole field of American law pertaining to Indigenous Peoples. He exposes not only the racism, but also the Christian discovery roots of federal domination of the Indian nations, and then goes beyond criticism, offering a way out of this unacceptable situation. This book is a must-read for anyone wanting to understand American history and the questionable basis for U.S. sovereignty."

Sarah W. Barlow

"Federal Anti-Indian Law is a gut-wrenching analysis. My whole career grappled with the contradictions d’Errico illuminates and dissects. One finally comes to understand Louise Erdrich’s rotten noodles metaphor for U.S. laws that dominate Indigenous Peoples."

Steven T. Newcomb

"Federal Anti-Indian Law is a paradigm-shattering work. Professor d’Errico has spent decades teaching, studying, and reflecting upon the system of ideas the U.S. government has used to establish its claim of a right of domination over the original nations and peoples of the continent."

Lisa Brooks

"Covering nearly every influential legislative act, legal decision, and federal policy, Peter d’Errico does not take a 'bird’s eye view' of U.S. Indian law, but brings us down to the ground, revealing a vast, long, and lucid view of the quagmire of 'anti-Indian law,' a system designed to dispossess and dominate, which rests on the ancient foundation of the Christian doctrine of discovery. Under his acute analysis, and with engaged storytelling, the shaky foundation beneath the system gives way, opening more sustainable paths to a just future."

Robert Maxim II (Mashpee Wampanoag)

"Many Americans have never heard of the Christian Doctrine of Discovery or understood how the federal government retains nearly unlimited authority over Native lands and nations. Professor d’Errico explains how, even today, Indigenous Peoples in the United States live under an 'exception' to U.S. law—an eye-opening revelation for many readers. Federal Anti-Indian Law is an accessible read that reveals the interplay of law with history and should not be limited to legal classrooms—it’s an important and enlightening book for all people, Indigenous and non-Indigenous alike."

JoDe Goudy (Yakama Nation)

"Federal Anti-Indian Law provides a significant contribution in establishing a proper context in which to engage in the exercise of identity. Governmental representation at all levels, academia at all levels, and anyone who 'cares' about the Original Free Nations and Peoples of this land should have a better understanding of who these nations and peoples are and where they come from. 'Where are we all going?' is the real question. This book represents a contribution of the type of 'truthful' and 'respectful' communication that is absolutely necessary to know where the future will collectively lead us."

Robert James Miller

"This book covers an enormous area of historical and modern-day federal Indian law, which the author calls ANTI-Indian law. Like an iconoclast in the truest sense of the word, d’Errico attacks the colonial foundations of Indian law and challenges professors, historians, Indian nations’ leaders, and tribal attorneys to stop relying on Supreme Court case law that is built on disastrous premises and instead to resist and reverse these foundational principles."

Editorial Reviews

“This work is a tour de force: provocative and overflowing with insights, examples, and thoughtful interpretations. Summing Up: Highly recommended. Advanced undergraduates through faculty and practitioners.” —Choice

“This book covers an enormous area of historical and modern-day federal Indian law, which the author calls ANTI-Indian law. Like an iconoclast in the truest sense of the word, d'Errico attacks the colonial foundations of Indian law and challenges professors, historians, Indian nations' leaders, and tribal attorneys to stop relying on Supreme Court case law that is built on disastrous premises and instead to resist and reverse these foundational principles.” —Robert James Miller, Professor, Sandra Day O'Connor College of Law at Arizona State University

“Many Americans have never heard of the Christian Doctrine of Discovery or understood how the federal government retains nearly unlimited authority over Native lands and nations. Professor d'Errico explains how, even today, Indigenous Peoples in the United States live under an 'exception' to U.S. law-an eye-opening revelation for many readers. Federal Anti-Indian Law is an accessible read that reveals the interplay of law with history and should not be limited to legal classrooms-it's an important and enlightening book for all people, Indigenous and non-Indigenous alike.” —Robert Maxim II (Mashpee Wampanoag), Senior Research Associate, Brookings Institution

“Federal Anti-Indian Law is a paradigm-shattering work. Professor d'Errico has spent decades teaching, studying, and reflecting upon the system of ideas the U.S. government has used to establish its claim of a right of domination over the original nations and peoples of the continent.” —Steven T. Newcomb, Director, Indigenous Law Institute, and author of Pagans in the Promised Land: Decoding the Doctrine of Christian Discovery

“Federal Anti-Indian Law is a gut-wrenching analysis. My whole career grappled with the contradictions d'Errico illuminates and dissects. One finally comes to understand Louise Erdrich's rotten noodles metaphor for U.S. laws that dominate Indigenous Peoples.” —Sarah W. Barlow, Retired Attorney, Albuquerque, NM

“In this ground-breaking work, d'Errico launches a frontal attack on the whole field of American law pertaining to Indigenous Peoples. He exposes not only the racism, but also the Christian discovery roots of federal domination of the Indian nations, and then goes beyond criticism, offering a way out of this unacceptable situation. This book is a must-read for anyone wanting to understand American history and the questionable basis for U.S. sovereignty.” —Kent McNeil, Distinguished Research Professor (Emeritus), Osgoode Hall Law School, York University, Toronto, Canada

“Federal Anti-Indian Law provides a significant contribution in establishing a proper context in which to engage in the exercise of identity. Governmental representation at all levels, academia at all levels, and anyone who 'cares' about the Original Free Nations and Peoples of this land should have a better understanding of who these nations and peoples are and where they come from. 'Where are we all going?' is the real question. This book represents a contribution of the type of 'truthful' and 'respectful' communication that is absolutely necessary to know where the future will collectively lead us.” —JoDe Goudy (Yakama Nation), Owner, Redthought.org

“Covering nearly every influential legislative act, legal decision, and federal policy, Peter d'Errico does not take a 'bird's eye view' of U.S. Indian law, but brings us down to the ground, revealing a vast, long, and lucid view of the quagmire of 'anti-Indian law,' a system designed to dispossess and dominate, which rests on the ancient foundation of the Christian doctrine of discovery. Under his acute analysis, and with engaged storytelling, the shaky foundation beneath the system gives way, opening more sustainable paths to a just future.” —Lisa Brooks, Henry S.Poler '59 Presidential Teaching Professor of English and American Studies, Amherst College; Author of Our Beloved Kin: A New History of King Philip's War

From the Publisher