Legal Outlet

Like a Loaded Weapon: The Rehnquist Court, Indian Rights, and the Legal History of Racism in America (Indigenous Americas)

Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. Beginning with Chief Justice John Marshall’s foundational

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Robert A. Williams Jr. boldly exposes the ongoing legal force of the racist language directed at Indians in American society. Fueled by well-known negative racial stereotypes of Indian savagery and cultural inferiority, this language, Williams contends, has functioned “like a loaded weapon” in the Supreme Court’s Indian law decisions. 

Beginning with Chief Justice John Marshall’s foundational opinions in the early nineteenth century and continuing today in the judgments of the Rehnquist Court, Williams shows how undeniably racist language and precedent are still used in Indian law to justify the denial of important rights of property, self-government, and cultural survival to Indians. Building on the insights of Malcolm X, Thurgood Marshall, and Frantz Fanon, Williams argues that racist language has been employed by the courts to legalize a uniquely American form of racial dictatorship over Indian tribes by the U.S. government. 

Williams concludes with a revolutionary proposal for reimagining the rights of American Indians in international law, as well as strategies for compelling the current Supreme Court to confront the racist origins of Indian law and for challenging bigoted ways of talking, thinking, and writing about American Indians. 

Robert A. Williams Jr. is professor of law and American Indian studies at the James E. Rogers College of Law, University of Arizona. A member of the Lumbee Indian Tribe, he is author of The American Indian in Western Legal Thought: The Discourses of Conquest and coauthor of Federal Indian Law.

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Comments

D. Donovan, Editor/Sr. Reviewer says:

Blends Native American issues with overall racism issues Robert A. Williams Jr.’s LIKE A LOADED WEAPON: THE REHNQUIST COURT, INDIAN RIGHTS, AND THE LEGAL HISTORY OF RACISM IN AMERICA blends Native American issues with overall racism issues, using these issues to consider how racist language are still used in Indian law to deny rights. Racist language has long legalized a form of racial superiority of whites in America, Williams argues: his background as law professor and American Indian studies professor allows for a unique dual perspective.

Timoteo S. Honesto says:

Definitey A Loaded Weapon! We are currently using this for an American Indian Studies class on American Indian sovereignty and the courts. This book is well suited for this class.

R Kelly says:

A Lot of Dated Axe-Grinding I ordered three books about this issue. I had read previously Williams’ publications. This book, so far, is disappointing. A lot of gossip, a lot of talk about newspapers’ articles, and a lot of talk about racism that everyone in America understands. I expected a scholarly presentation. Again, for the initial dozens of pages all that is offered is racism stories that are severely outdated. An unproductive read so far.

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