One was a horrible case called Oliphant v. Suquamish Indian Tribe which denied tribes the right to criminally prosecute non-Indians who commit crimes on their reservations. That decision has had horrible consequences for law enforcement on Indian reservations. But in that opinion Justice William Rehnquist cites language from the 1830s to explain why whites didn't trust tribes to exercise criminal jurisdiction. They were savages.

Many of the situations that we've talked about whether it's the San Carlos, whether it's the Navajo fighting for their land rights or fighting to develop their land to try and provide decent jobs on the reservation. The backdrop to all that, the reason that we have those battles is that history of dispossession. The story isn't over for American-Indians. ... You know, how could any tribal member think about giving away something that means so much to the tribe?

The Navajo, for example, regard their traditional lands as within the four sacred peaks. One of those sacred peaks is the San Francisco Peaks where the ski resort, one of the holiest, sacred mountains in Navajo cosmology. I mean, it's considered a horrible desecration. I mean, you know, put it into another cultural context and you wouldn't be able to think of that being, with any other racial group. But for Indians because, you know, we think they really don't care about land or they have primitive ideas or they don't have ownership, we completely disrespect that.

When Europeans came to the New World the first thing they said is, well, Indians don't appreciate property. They're savage. They're backwards. They're uncivilized. ... Nothing could be farther from the truth. Tribes have very clear conceptions of their traditional boundaries, they maintain their rights and their claim sovereignty over the lands according to their own honored traditions and tribal elders. And so, you can go out there on the reservation, and there might be a reservation boundary established by the United States. But then there's traditional land boundaries.

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.

What John Marshall says is that right of occupancy can be taken away by purchase, conquest or any other means. So the reason that this case Johnson v. M'Intosh is so important is it really sets the foundation for this radical approach to understanding the basic human rights of Indian people to hold and control the lands that they occupy. It gives the US government the right to relocate, it stands at the bottom of the ethnic cleansing campaigns, for example, in the removal era.

If you're an Indian, you could be very anxious about some of the Supreme Court's decisions, some of the decisions of policy makers, so maybe a little bit of irony there. But I think our "Savage Anxieties," when I titled the book, I really wanted to focus people on the challenge that tribes in this country, as well as indigenous peoples around the world, are confronting Western civilization with.