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W.D. James's avatar

Thank you Tobin!

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Peter d'Errico's avatar

Important insights here!

My book, "Federal Anti-Indian Law: The Legal Entrapment of Indigenous Peoples" (Praeger, 2022)

uses Schmitt's"exception" to demonstrate how US "sovereignty" arose from and depends on a domination of Original Peoples.

https://www.bloomsbury.com/us/federal-antiindian-law-9781440879210/

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W.D. James's avatar

Thank you Peter. Thanks for linking to your book as well. When people point out connections it helps one feel they are on the correct path, or at least a worthwhile path.

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Tobin Owl's avatar

Not sure I can connect the dots. Can you expound a little?

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W.D. James's avatar

Well, there might be further connections, but I mainly just meant that we both seemed to think that using Schmitt could shed some light on nefarious happenings of the state that otherwise might not seem connected.

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Peter d'Errico's avatar

Yes. The framework of US anti-Indian law was created (and exists today) as an "exception"... the foundation doctrines were simply declared by the US Supreme Court; they create a space outside of normal "law", a space of political domination. The exception was simultaneously the announcement of a US claim to "sovereignty" over the continent. Thus, Schmitt is right on target.

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Tobin Owl's avatar

Thanks. I think I see it clearer now.

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