Twisting the Law: Legal Inconsistencies in Andrew Jackson's Treatment of Native-American Sovereignty and State Sovereignty

38 Pages Posted: 30 Jun 2016

Date Written: 2013

Abstract

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.

Keywords: Andrew Jackson, legal history, Supreme Court, Native-American law, federal Indian law, tribal sovereignty

Suggested Citation

Hays, Joel, Twisting the Law: Legal Inconsistencies in Andrew Jackson's Treatment of Native-American Sovereignty and State Sovereignty (2013). Journal of Southern Legal History, Vol. 21, No. 1-2, 2013. Available at SSRN: https://ssrn.com/abstract=2801465

Joel Hays (Contact Author)

Independent ( email )

No Address Available

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