The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution

Item set

• 11th Amendment to the United States Constitution (1795)
  The Eleventh Amendment sets judicial jurisdictions, creating a separation between federal and state court systems. The amendment was passed by Congress March 4, 1794, and ratified February 7, 1795.
• 14th Amendment to the United States Constitution (1868)
  The Fourteenth Amendment gave citizenship to all persons born or naturalized in the United States. The Equal Protection clause drastically amended the Constitution and has been used by the Supreme Court to justify expansion of rights. The amendment was passed by Congress June 13, 1866, and ratified July 9, 1868.
• Civil Rights Act of 1964
  The Civil Rights Act of 1964 ended segregation in public places and banned discrimination in employment. The act reflected over a century of political and legal activism.
• Duro v. Reina (1990)
  This Supreme Court case looked at Native American tribal jurisdictions. The Court ruled that Native tribes did not have criminal jurisdiction over nonmembers.
• Duro-Fix (1991)
  This amendment to the Indian Civil Rights Act was designed to overturn the Supreme Court's ruling in Duro v. Reina. It reinstated the power of Native American tribes to exercise criminal misdemeanor jurisdiction over all Indians.
• Elk v. Wilkins (1884)
  In Elk v. Wilkins, the Supreme Court denied United States citizenship to Native Americans. Newspapers at the time identified John Elk as Winnebago, however, he had renounced his tribal allegiance and resided off-reservation in Omaha, Nebraska. Elk brought his case before the court when he attempted to register to vote and was denied. He claimed birthright citizenship as defined by the Citizenship Clause of the Fourteenth Amendment. The case was heard before both Circuit and District judges, and when they could not agree on a ruling, the case was appealed to the Supreme Court. The Court ruled that despite severing tribal ties and living amongst white citizens, Elk could not claim birthright citizenship.
• Haaland v. Brackeen (2023)
  In Haaland v. Brackeen, the Supreme Court upheld the Indian Child Welfare Act, ruling that states could not circumvent ICWA adoption protocol.
• Indian Citizenship Act (1924)
  The Indian Citizenship Act granted automatic United States citizenship to all Native American people while allowing them to maintain their tribal citizenship.
• Indian Civil Rights Act (1968)
  The Indian Civil Rights Act ensured that constitutional rights were extended to Native Americans while also ensuring tribal sovereignty.
• Indian Major Crimes Act (1885)
  The Indian Major Crimes Act brought certain crimes committed on tribal lands under the jurisdiction of the United States federal government, weakening tribal sovereignty.
• McClanahan v. Arizona State Tax Commission (1973)
  In McClanahan v. Arizona State Tax Commission, the Supreme Court ruled that the state did not have the right to tax Native Americans living and earning income on tribal land.
• Mescalero Apache Tribe v. Jones (1973)
  In Mescalero Apache Tribe v. Jones, the Supreme Court ruled that the state could tax tribal business that is off-reservation, but not business that took place on the reservation.
• Seminole Tribe of Florida v. Florida (1996)
  In the Seminole Tribe of Florida v. Florida, the Supreme Court considered whether the Indian Gaming Regulatory Act violated the state of Florida's state sovereignty as guaranteed by the Eleventh Amendment.
• The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution
  This teaching module looks the Supreme Court's understanding of Native America from an Indigenous perspective, featuring a webinar with Keith Richotte, Jr., author of the 2025 book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution.
• United States v. Kagama (1886)
  This Supreme Court case asserted the federal government's role in criminal jurisdiction on tribal lands. The Court ruled that the Indian Major Crimes act was constitutional, therefore federal courts had jurisdiction to indict Native defendants for murder.
• Webinar - The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution (2025)
  In this webinar, Professor Keith Richotte, Jr., of the University of Arizona discusses the Supreme Court's understanding of Native America from an Indigenous perspective with Dr. Katrina Jagodinsky and her Rights & Wrongs in American Legal History class.