The Worst Trickster Story Ever Told
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When did the federal government's self-appointed, essentially limitless authority over Native America become constitutional?
The story they have chosen to tell is wrong. It is time to tell a better story. Thus begins Keith Richotte's playful, unconventional look at Native American and Supreme Court history. At the center of his account is the mystery of a massive federal authority called plenary power.
When the Supreme Court first embraced plenary power in the 1880s it did not bother to seek any legal justification for the decision – it was simply rooted in racist ideas about tribal nations. By the 21st century, however, the Supreme Court was telling a different story, with opinions crediting the U.S. Constitution as the explicit source of federal plenary power.
So, when did the Supreme Court change its story? Just as importantly, why did it change its story? And what does this change mean for Native America, the Supreme Court, and the rule of law? In a unique twist on legal and Native history, Richotte uses the genre of trickster stories to uncover the answers to these questions and offer an alternative understanding.
The Worst Trickster Story Ever Told provides an irreverent, entertaining synthesis of Native American legal history across more than 100 years, reflecting on race, power, and sovereignty along the way. By embracing the subtle, winking wisdom of trickster stories, and centering the Indigenous perspective, Richotte opens up new avenues for understanding this history. We are able, then, to imagine a future that is more just, equitable, and that better fulfills the text and the spirit of the Constitution.
—Samuel Erman, author of Almost Citizens
"The mark of a true expert is the uncanny ability to take something that is exceedingly complex and mercilessly intricate and make it easily accessible to the layperson. Keith Richotte, Jr. is a true expert. The Worst Trickster Story Ever Told is a riveting, clear, and – dare I say? – fun introduction to the field of federal Indian law. This book is equally enjoyable and edifying from start to finish."
—Khiara M. Bridges, author of Critical Race Theory: A Primer
"Two things are true about this remarkable book. First, it is written in a wonderfully informal style that is accessible to—and illuminating for—any general reader. But, second, even teachers of American constitutional law like myself can learn much from the careful scholarship that underlies it. I will certainly be absorbing its lessons in my future teaching and writing."
—Sanford Levinson, author, with Cynthia Levinson, of Fault Lines in the Constitution
"Throughout, the book balances edification with good humor.... An illustrative legal history, The Worst Trickster Story Ever Told is about deceptive federal government efforts to amass limitless power over Native Americans."—John M. Murray, Foreword Reviews
"Blending serious scholarship with a chatty and lively narrative style, this introduction to plenary power within the context of relations between the U.S. and Indigenous peoples will intrigue law students, advocates, and general readers."
—Michael Rodriguez, Library Journal
