The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution

Summary

When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional?

The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision–it was simply rooted in racist ideas about tribal nations. By the twenty-first century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power.

Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding.

The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way.