African-Americans were dispossessed of the land by being brought over here in slave ships, whereas Indians were on the land and fought literally wars against Europeans for control of that land. And that history of dispossession, you know, if you look at the treaties, it's very interesting. Everyone thinks that Indians were ripped off in their treaties. If you look at the first round of treaties from about 1800 to the Civil War, tribes secured over 150 million acres. I think it may have been 144 million acres in those treaties. That's a large amount of real estate.

Very much like African-Americans, the history of America is taking away resources, whether it's labor or whether it's land from one racial group to give them to the dominate racial group. So in that sense, there is a very similar experience with Indians.

Western civilization has been at war with tribalism for 3,000 years. And that war was brought to the New World by the English colonists. A very early point in American law Chief Justice John Marshall is asked to decide the status of Indian tribes. And what he does. He calls them savages who lack the same rights as the white people who came over here, the Europeans, and colonized their land under this, what many Americans might regard as an obscure legal doctrine called the Doctrine of Discovery. But it is still the most important doctrine in American constitutional law.

Until we start attacking the root of the historical problems of discrimination against Indians, and those Indians begin in these stereotypes, that Indians are less civilized than us, they're less able to exercise self-governing functions. Until we get to the roots of those problems, we're not going to change legislation. We're not going to change the hearts and minds of the Supreme Court.

US law and international human rights law have radically diverged in the past years in terms of the recognition of indigenous people's rights. International human rights law now looks at not whether or not the tribes have formal ownership or legal title in a Western legal conception might have it, but rather they look at the tribe's historical connection to that land.

In fact, George Washington had been an Indian fighter since the French and Indian War. And a lot of folks, particularly in the red states, the Southern states that had suffered a number of Indian depredations wanted to remove all the Indians to Canada. Let them go with the English. And Washington said, well, you can try , but better, he said, more expedient to negotiate treaties with them because, and again this is what the founders believed to a man, Indians are a vanquished race. They won't be here two to three generations.

The case of Johnson v. M'Intosh is exactly why Congress can pass legislation as it did with the Rio Tinto land mine deal because Congress took the land from the tribes, ignores their sacred connections to it, their cultural connections and does whatever it wants with it. Congress terminated tribal status for more than 100 tribes. Basically said, you're not a tribe anymore and we're not going to pay attention to the treaties. The Supreme Court has held that when Congress breaches a treaty with an Indian tribe it's not judicially reviewable. It's called a political question.