| Book Review | The American Historical Review, 107.2

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| Book Review | The American Historical Review, 107.2 | The History Cooperative

Book Review

Canada and the United States

Francis G. Hutchins. Tribes and the American Constitution. Brookline, Mass.: Amarta. 2000. pp. 273. $27.50.

This book by Francis G. Hutchins takes on the most important question in American Indian history, politics, and law: what is the relationship between the Indian tribes and the American nation? It is a masterful history, raising important questions and engaging in a highly nuanced study of the original texts that define the place of the Indian tribes within the American state. The thesis, stated in the first sentence, is that "modern federal law and current historical scholarship reflect serious misunderstanding of the relationship between tribes and the Constitution," casting the book as revisionist history that challenges existing paradigms—and the existing law and history of this relationship. The paradigm is best known in Indian history as Chief Justice John Marshall's oxymoronic "domestic dependent nations" language from Cherokee Nation v. Georgia, an 1831 case that now underlies most federal Indian law. . . .

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