What this ideology, what this myth about savagery did was really excuse America for the disappearance of the Indian. It wasn't our fault. They were just an inferior race. And so John Marshall adopts that. And the tragedy and the present-day circumstances of that decision are that those racial attitudes are so deeply embedded in these foundational principles of American Indian 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.

Savagery was a word that Westerners used to, again, to consciously differentiate them from non-Westerners, to assert that superiority, that cultural superiority. It goes back to the British Empire, and again, you know, what was the purpose of the British Empire? To bring civilization to the savage no matter where they were, whether it was India or Asia or Australia or whatever. It's that civilizing mission that characterizes so much of the history of Western colonialism.

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.

Today what we see is tribes moving into the 21st century and facing real 21st century problems of globalization, of multi-national, national resource development, of jobs, tribes have elected leaderships. They're elected to do a lot of things.

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.

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.