Although Indian tribes are recognized under the U.S. Constitution, this constitutional recognition has historically and repeatedly been cast aside in favor of excessive, unaccountable federal authority that has greatly impaired tribal sovereignty and culture. Broken Landscape asserts that it is time to confront this constitutional failure with the vigor of a constitutional amendment reestablishing the sovereignty and dignity of American Indians.

Acknowledgements Part I: The Early Encounter Introduction: A New Challenge to Old Assumptions 2. Early Contact: From Colonial Encounters to the Articles of Confederation 3. Second Opportunity: The Structure and ARchitecture of the Constitution 4. The Marshall Trilogy: Foundational But Not Fully Constitutional? 5. Lone Wolf v. Hitchcock: The Birth of Plenary Power, Incorportation, and an Extraconstitutional Regime Part II: Individual Indians and the Constitution 6. Elk v. Wilkins: Exclusion, Inclusion and the Ambiguities of Citizenship 7. Indian Citizens and the First Amendment: The Illusion of Religious Freedom? Part III: The Modern Encounter 8. Indian Law Jurisprudence in the Modern Era: A Common Law Approach Without Constitutional Principle 9. International Law Perspective: A New Model of Indigenous Nation Sovereignty? 10. Conclusion: Imagination, Translation, and Constitutional Convergence Index