Showing posts with label Supreme Court. Show all posts
Showing posts with label Supreme Court. Show all posts

Monday, October 21, 2019

National Parks, in AN INDIGENOUS PEOPLES' HISTORY OF THE US, FOR YOUNG PEOPLE

In the last few months, I (Debbie) have received a few emails about the National Parks. I have replied by directing individuals to An Indigenous Peoples' History of the United States, for Young People. 

When Jean and I adapted Roxanne Dunbar-Ortiz's book into one that teachers could more readily use on their own or with students, we made choices on what to modify, keep, leave out, or expand.

Knowing that some families visit National Parks, we decided to expand a bit on that topic.

In Chapter 9, "The Persistence of Sovereignty," we wrote about the Yellowstone Park Act in a segment we titled "Pushing Back Against Legalized Land Theft." In that section we talk about several instances in which a tribal nation fought to have land taken from them to create a national park or forest, returned. One example is Blue Lake, taken from Taos Pueblo when President Roosevelt created Carson National Forest in 1906. For decades, they fought to have it returned.



As you can see from the screen cap of my Kindle copy of that page, we also have a "Did You Know" textbox about a legal term: reserved rights. That was deliberate on our part because we knew there was a case before the Supreme Court, about whether or not Clayvin Herrera, a member of the Crow Nation, had rights to hunt in the Bighorn National Forest.

When teachers introduce information about the National Park system, we hope our adaptation will help them provide students with a more critical look at how those lands came to be "national" parks.

And we hope they'll draw connections from history to the present day. They can do that, for example, by studying and talking about Clayvin B. Herrera v. State of Wyoming. It cited the reserved rights doctrine. The court, by the way, ruled in favor of Herrera.



Monday, September 20, 2010

Political ideologies

Taking a quick moment out of preparing for today's classes by pointing to a neat intersection between the readings for Intro to American Indian Studies, and, the Politics of Children's Literature (both are courses I'm teaching this semester at the University of Illinois).

For Intro to AIS, we're studying Wallace Coffey and Rebecca Tsosie's article, "Rethinking the Tribal Sovereignty Doctrine"published  in the Stanford Law and Policy Review.  Here's the parts that intersects with the chapter we're discussing in the children's lit course. Coffey and Tsosie write:
A prime example of the link between legal doctrine and the script that emerges from American history is the infamous "Doctrine of Discovery" that undergirds Marshall's understanding in Johnson v. McIntosh that Indian nations retain a mere "right of occupancy" on their lands while the European sovereigns perfected the balance of the fee simple simply upon "discovery and settlement." (122) Chief Justice John Marshall described Indian people as
fierce savages, whose occupation was war, and whose subsistence was drawn chiefly from the forest. To leave them in possession of their country, was to leave the country of a wilderness; to govern them as a distinct people, was impossible, because they were as brave and as high spirited as they were fierce, and were ready to repel by arms every attempt on their independence. (123)
Just above that, they cite an opinion by Justice Rehnquist wherein he cites the 1965 Oxford History of the American People. In writing his opinion, Rehnquist relies on this passage:
The Plains Indians... [were organized into units] of a few hundred souls, which might be seen in the course of its wanderings encamped by a watercourse with tipis erected; or pouring over the plain, women and children leading dogs and packhorses with the trailing travois, while gaily dressed braves loped ahead on horseback. They lived only for the day, recognized no property rights, robbed or killed anyone if they thought they could get away with it, inflicted cruelty within a qualm and endured torture without flinching. (120).
What I wish to emphasize for now is "the link between legal doctrine and the script that emerges from American history" as I share (below) what we're reading in Perry Nodelman's The Pleasures of Children's Literature (p. 121):
[P]olitical ideologies almost always work to distribute power unequally among people in a society, and to justify the unequal distribution.
Coffey and Tsosie are talking about legal cases in which American Indian tribes lost their land. They cite supreme court justices who find that Indians don't deserve their land because, the justices would have us believe, Indians were---and are---different and inferior.

Though the justices cited the Oxford text, they could just as easily have cited passages from children's books! Maybe the justices were PRIMED to believe what they read in the Oxford text BECAUSE they read some of these award-winning and classic works in children's literature! See how nicely all these stereotypes work out to disadvantage American Indians?