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.

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.

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.

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.

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.

Congress passed the 1887 General Allotment Act. And that act ended up dispossessing tribes of 90 million acres. That history of dispossession was also accompanied by a history of forced assimilation whether it was in residential schools, whether it was in dismantling traditional tribal governance structures. And the justifications for that is that you're not as good as us. Our systems are better. Our modes of education. Our ways of owning land, our ways of working have been continually cited to Indians as the reason for these government policies.

One of the prime backers of land bill was a Republican Congressman, a Paul Gosar. And when he was challenged by an Apache on this bill, he said, well, you know, Indians are wards of the federal government. This happened recently.That congressperson is obviously stuck in the 19th century when he thinks about Indians. How is that person going to legislate and treat Indians fairly and respect their rights when he has this sort of infantilized image of Indians as not being, you know, up to the same level of responsibility as everybody else?