An Administrative Trail of Tears
Indian Removal
Bibliographic Data
| ID | 8301789 |
|---|---|
| Authors | Ethan Davis (0009-0007-0853-7768, Child Guidance Center, corresponding author) |
| Year | 2010 |
| Volume | 50 |
| Issue | 1 |
| Pages | 49-100 |
| Publication date | 2010-01-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | American Journal of Legal History (JOURNAL) |
| Journal identifiers | ISSN: 0002-9319 • E-ISSN: 2161-797X |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/ajlh/50.1.49 |
| OpenAlex | W2561937900 |
| Language | EN |
| Citations received | 5 |
In the early nineteenth century, the federal government uprooted the so-called five “Civilized Tribes” of the South and sent them westward to modern day Oklahoma. This article rediscovers the long-forgotten administrative system that guided the removal of one of those tribes: the Choctaws. Because judicial review was non-existent, control of the removal was concentrated in the so-called external law—the statutes passed by Congress and the treaties between the United States and the Indian tribes—and in the so-called internal law—the regulations promulgated by the War Department and the operational system developed by the administrators themselves. Drawing almost exclusively on primary sources, this article shows how the interrelationships between these layers of administrative law produced a tragic result.
Administration (probate law) · Administrative law · Government (linguistics) · Political science · Statute · American Constitutional Law and Politics · American Environmental and Regional History · American History and Culture · Law · Public Administration
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,71 |
| Citation span | 2019 - 2023 (5) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |