front cover of Hawaiian Blood
Hawaiian Blood
Colonialism and the Politics of Sovereignty and Indigeneity
J. Kauanui Kahaulani
Duke University Press, 2008
In the Hawaiian Homes Commission Act (HHCA) of 1921, the U.S. Congress defined “native Hawaiians” as those people “with at least one-half blood quantum of individuals inhabiting the Hawaiian Islands prior to 1778.” This “blood logic” has since become an entrenched part of the legal system in Hawai‘i. Hawaiian Blood is the first comprehensive history and analysis of this federal law that equates Hawaiian cultural identity with a quantifiable amount of blood. J. Kēhaulani Kauanui explains how blood quantum classification emerged as a way to undermine Native Hawaiian (Kanaka Maoli) sovereignty. Within the framework of the 50-percent rule, intermarriage “dilutes” the number of state-recognized Native Hawaiians. Thus, rather than support Native claims to the Hawaiian islands, blood quantum reduces Hawaiians to a racial minority, reinforcing a system of white racial privilege bound to property ownership.

Kauanui provides an impassioned assessment of how the arbitrary correlation of ancestry and race imposed by the U.S. government on the indigenous people of Hawai‘i has had far-reaching legal and cultural effects. With the HHCA, the federal government explicitly limited the number of Hawaiians included in land provisions, and it recast Hawaiians’ land claims in terms of colonial welfare rather than collective entitlement. Moreover, the exclusionary logic of blood quantum has profoundly affected cultural definitions of indigeneity by undermining more inclusive Kanaka Maoli notions of kinship and belonging. Kauanui also addresses the ongoing significance of the 50-percent rule: Its criteria underlie recent court decisions that have subverted the Hawaiian sovereignty movement and brought to the fore charged questions about who counts as Hawaiian.

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front cover of How the Indians Lost Their Land
How the Indians Lost Their Land
Law and Power on the Frontier
Stuart Banner
Harvard University Press, 2007

Between the early seventeenth century and the early twentieth,nearly all the land in the United States was transferred from AmericanIndians to whites. This dramatic transformation has been understood in two very different ways--as a series of consensual transactions, but also as a process of violent conquest. Both views cannot be correct. How did Indians actually lose their land?

Stuart Banner provides the first comprehensive answer. He argues that neither simple coercion nor simple consent reflects the complicated legal history of land transfers. Instead, time, place, and the balance of power between Indians and settlers decided the outcome of land struggles. As whites' power grew, they were able to establish the legal institutions and the rules by which land transactions would be made and enforced.

This story of America's colonization remains a story of power, but a more complex kind of power than historians have acknowledged. It is a story in which military force was less important than the power to shape the legal framework within which land would be owned. As a result, white Americans--from eastern cities to the western frontiers--could believe they were buying land from the Indians the same way they bought land from one another. How the Indians Lost Their Land dramatically reveals how subtle changes in the law can determine the fate of a nation, and our understanding of the past.

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front cover of Huichol Territory and the Mexican Nation
Huichol Territory and the Mexican Nation
Indigenous Ritual, Land Conflict, and Sovereignty Claims
Paul M. Liffman
University of Arizona Press, 2011
The Huichol (Wixarika) people claim a vast expanse of Mexico’s western Sierra Madre and northern highlands as a territory called kiekari, which includes parts of the states of Nayarit, Jalisco, Durango, Zacatecas, and San Luis Potosí. This territory forms the heart of their economic and spiritual lives. But indigenous land struggle is a central fact of Mexican history, and in this fascinating new work Paul Liffman expands our understanding of it. Drawing on contemporary anthropological theory, he explains how Huichols assert their sovereign rights to collectively own the 1,500 square miles they inhabit and to practice rituals across the 35,000 square miles where their access is challenged. Liffman places current access claims in historical perspective, tracing Huichol communities’ long-term efforts to redress the inequitable access to land and other resources that their neighbors and the state have imposed on them.

Liffman writes that “the cultural grounds for territorial claims were what the people I wanted to study wanted me to work on.” Based on six years of collaboration with a land-rights organization, interviews, and participant observation in meetings, ceremonies, and extended stays on remote rancherías, Huichol Territory and the Mexican Nation analyzes the sites where people define Huichol territory. The book’s innovative structure echoes Huichols’ own approach to knowledge and examines the nation and state, not just the community. Liffman’s local, regional, and national perspective informs every chapter and expands the toolkit for researchers working with indigenous communities. By describing Huichols’ ceremonially based placemaking to build a theory of “historical territoriality,” he raises provocative questions about what “place” means for native peoples worldwide.
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