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Cambridge University Press (2020)
Review by Stephen Wall
In the United States’ system of justice, the Supreme Court is the final authority. Thousands of cases are appealed to the Supreme Court, but few are heard and decided. Since the country’s beginnings, the Supreme Court has heard cases that address the rights of Indians and Indian tribes. Initially, the cases upheld the rights of tribes to govern themselves, free from the interference of state governments and with federal interference only through the authority of Congress. Canons of construction were developed to guide all courts as to the interpretation of federal law and tribal interests. Those canons of construction assumed that treaties and agreements would be interpreted as the Indian people would see them, that ambiguities would be resolved in favor of tribal interests, and that all rights were reserved to the tribes that were not expressly taken away by Congress.
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