| Book Review | The Western Historical Quarterly, 38.3

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| Book Review | The Western Historical Quarterly, 38.3 | The History Cooperative

Book Review

Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America. By Robert A. Williams, Jr. (Minneapolis: University of Minnesota Press, 2005. xxxvi + 270 pp. Notes, index. $18.95, paper.)

Current day Indian law cases handed down by the United States Supreme Court repeatedly cite as precedent the Marshall trilogy of cases, Johnson, Cherokee Nation, and Worcester. These cases, decided between 1823 and 1832, used stereotypical racist language depicting Indians as "savages" who "live by the tomahawk" and were "uncivilized" and "lawless", and therefore could and should be treated differently, not as citizens or adults, but as "wards" of the United States. Marshall noted that all of the civilized European countries held this view, using the doctrine of discovery, and the Supreme Court followed it. But by continuing to cite to such cases, Robert A. Williams, Jr. argues, the twentieth- and twenty-first-century Supreme Courts continue the racist stereotyping of Indians and thereby approve and support such racism.

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