WHAT EVERY AMERICAN SCHOOLBOY KNOWS AND OTHER DIRTY WORDS

Abstract

The Supreme Court has an ability to adopt the settler colonial ideologies for the purposes of creating doctrines in federal Indian law. Because of this, federal Indian law is moving further towards illegitimacy as an area of law. The law is rife with the settler colonial ideologies that create stereotypes and encourage the deletion of tribal sovereignty. This has led to Indian Character and Competency becoming official analysis of whether tribal sovereignty and jurisdiction is applicable. These analyses are tantamount racisms and confuse the reality of tribal circumstances with stereotypes and prejudices. The only way to move toward legitimacy would be to remove the masks that the Supreme Court Justices wear in order to comply with settler colonialism and demand a new approach to analyzing federal Indian law issues. Otherwise, the compounding nature of unfortunate federal India law doctrines will lead to even more damaging effects on tribal sovereignty and, ultimately, tribal existence.