Jump to ContentJump to Main Navigation
Defend the SacredNative American Religious Freedom beyond the First Amendment$
Users without a subscription are not able to see the full content.

Michael D. McNally

Print publication date: 2020

Print ISBN-13: 9780691190907

Published to Princeton Scholarship Online: September 2020

DOI: 10.23943/princeton/9780691190907.001.0001

Show Summary Details
Page of

PRINTED FROM PRINCETON SCHOLARSHIP ONLINE (www.princeton.universitypressscholarship.com). (c) Copyright Princeton University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in PRSO for personal use.date: 25 July 2021

Religion as Peoplehood

Religion as Peoplehood

Sovereignty and Treaties in Federal Indian Law

Chapter:
(p.224) 7 Religion as Peoplehood
Source:
Defend the Sacred
Author(s):

Michael D. McNally

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691190907.003.0008

This chapter concerns claims to the religious in federal Indian law as part of broader claims made in the register of sovereignty. It follows a number of crucial cases that concerned the shape of treaty-protected rights to fishing, hunting, and gathering off-reservation, notably those in the Great Lakes region and the salmon cases in the Pacific Northwest, rulings that cleared the way for the Makah whale hunt. The chapter argues these cases are not simply about political sovereignty or about the economic value of the treaty rights. They are also about the religious and cultural importance of those sacred practices and how the practices themselves constitute peoplehood. It also signals where protecting religion as peoplehood, under international law and especially under federal Indian law, can have its limits, particularly in the short term.

Keywords:   peoplehood, sovereignty, Pacific Northwest, Great Lakes, treaty rights, sacred practices, international law, federal Indian law

Princeton Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.