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( A newly discovered document sheds light on Indian self-...)
A newly discovered document sheds light on Indian self-governance Felix Cohen (1907–1953) was a leading architect of the Indian New Deal and steadfast champion of American Indian rights. Appointed to the Department of the Interior in 1933, he helped draft the Indian Reorganization Act (1934) and chaired a committee charged with assisting tribes in organizing their governments. His “Basic Memorandum on Drafting of Tribal Constitutions,” submitted in November 1934, provided practical guidelines for that effort. Largely forgotten until Cohen’s papers were released more than half a century later, the memorandum now receives the attention it has long deserved. David E. Wilkins presents the entire work, edited and introduced with an essay that describes its origins and places it in historical context. Cohen recommended that each tribe consider preserving ancient traditions that offered wisdom to those drafting constitutions. Strongly opposed to “sending out canned constitutions from Washington,” he offered ideas for incorporating Indigenous political, social, and cultural knowledge and structure into new tribal constitutions. On the Drafting of Tribal Constitutions shows that concepts of Indigenous autonomy and self-governance have been vital to Native nations throughout history. As today’s tribal governments undertake reform, Cohen’s memorandum again offers a wealth of insight on how best to amend previous constitutions. It also helps scholars better understand the historic policy shift brought about by the Indian Reorganization Act.
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(This book was originally published prior to 1923, and rep...)
This book was originally published prior to 1923, and represents a reproduction of an important historical work, maintaining the same format as the original work. While some publishers have opted to apply OCR (optical character recognition) technology to the process, we believe this leads to sub-optimal results (frequent typographical errors, strange characters and confusing formatting) and does not adequately preserve the historical character of the original artifact. We believe this work is culturally important in its original archival form. While we strive to adequately clean and digitally enhance the original work, there are occasionally instances where imperfections such as blurred or missing pages, poor pictures or errant marks may have been introduced due to either the quality of the original work or the scanning process itself. Despite these occasional imperfections, we have brought it back into print as part of our ongoing global book preservation commitment, providing customers with access to the best possible historical reprints. We appreciate your understanding of these occasional imperfections, and sincerely hope you enjoy seeing the book in a format as close as possible to that intended by the original publisher.
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Felix Solomon Cohen was born on July 3, 1907 in New York City, New York, United States. He was the son of Morris Raphael Cohen, a Russian-born professor of mathematics and later professor of philosophy at the College of the City of New York, and Mary Ryshpan Cohen, a former schoolteacher.
Morris Cohen's interest in fostering a philosophical approach to the study of law became an important influence on his son's thinking and writing. Tutored at home until the age of eight, Cohen entered elementary school in Yonkers, continuing on to Yonkers High School for one year before transferring to Townsend Harris High School, then a part of City College. From high school he entered City College, graduating magna cum laude at eighteen. Cohen then enrolled in Harvard University on a fellowship. He majored in philosophy while reading widely in law, political science, and anthropology. In 1927 he received the M. A. in philosophy and, after completing the residency requirement for the Ph. D. at Harvard, entered Columbia Law School as a Henry Broomfield Fellow in Ethics and Jurisprudence. In 1929 he was awarded the Ph. D. by Harvard with a thesis later published as Ethical Systems and Legal Ideals (1933), and in 1931 he received the LL. B. from Columbia, where he was book review and legislation editor for the Columbia Law Review.
After leaving Columbia, Cohen accepted an offer of legal apprenticeship as research assistant to New York Supreme Court Justice Bernard L. Shintag. Having become a member of the New York bar, Cohen joined the firm of Hays, Podell, and Schulman in 1932. Increasingly he had become absorbed with problems in legal philosophy, ethics, and the philosophy of democracy, concerns reflected in such articles as "The Ethical Basis of Legal Criticism", "The Subject Matter of Ethical Science", and "What is a Question?". Appointed in 1933 to a one-year term as assistant solicitor in the Department of the Interior to help draft basic legislation for transferring federal power to American Indian tribes, Cohen remained for fourteen years. The Wheeler-Howard Act, more popularly known as the Indian Reorganization Act of 1934, grew out of his initial assignment, as did his study "The Powers of an Indian Tribe". Cohen worked both as a legal draftsman and as an administrator, dealing especially with Indian affairs as well as with territorial problems; foreign aid; immigration, minorities, and fair employment practices; and conservation of natural resources. In 1939, while serving as special assistant to the attorney general, Cohen headed the Indian Law Survey of the Justice Department. In this position he produced his most important work, the monumental Handbook of Federal Indian Law (1941), a compilation of federal laws and treaties that has become the standard reference work on the subject. Cohen's further investigation of the basis of Indian law led to such articles as "The Spanish Origin of Indian Rights in the Law of the United States" and "Original Indian Title". Between 1933 and 1948, Cohen wrote a large number of articles for law journals and journals of Indian affairs on the legal status of Indians and also defended Indian rights in cases before the Supreme Court. He argued for the Indians in United States v. Santa Fe Railroad, whereby questions of Indian land title were resolved; in Tulee v. State of Washington he argued the case for Indian fishing rights. He also appeared before several congressional committees to protest special laws and regulations to which Indians were subject, and he helped create the Indian Claims Commission, which allowed tribes to bring suit against the government. Although his defense of Indian rights and his work in Indian affairs absorbed much of his energies, Cohen also wrote on legal philosophy, especially on the working of American democracy. His articles "The Social and Economic Consequences of Exclusionary Immigration Laws", "The Myth of the Immigration Scare", and "The People vs. Discrimination" expressed concern over legal and economic discrimination. At this time, Cohen was also affiliated with the Institute for Living Law. Cohen resigned from the Department of the Interior in 1948 to reenter private law practice. His clients included Indian tribes as well as members of Congress. In a key 1948 case he argued successfully against the right of the state of New Mexico to disenfranchise the Indians. He served as counsel to the New York Association for New Americans, special consultant to the American Jewish Committee, director of the Institute of Ethnic Affairs, and general counsel to the Association of American Indian Affairs. Throughout his career Cohen strongly supported civil rights and freedom from discrimination for all minorities, believing that "oppression against a racial minority is more terrible than most other forms of oppression, because there is no escape from one's race". Dedicated to eradicating economic discrimination, he proved an active proponent of the Fair Employment Practice Commission, which he had helped to create. He also labored for legislation allowing Indians to receive social security benefits. Cohen spent the last years of his life in legal work, writing, and teaching. Following his brief stay at what is now Rutgers Law School and at the New School for Social Research in the early 1930's, he did not teach again until 1946, when he offered a course at Yale Law School. He then continued to teach jurisprudence at Yale and, starting in 1948, also taught philosophy at City College. In 1952 he joined the New York law firm of Reigelman, Strasser, and Spiegelberg as head of their Washington office. He died of cancer in Washington, D. C. , at the age of forty-six.
( A newly discovered document sheds light on Indian self-...)
(This book was originally published prior to 1923, and rep...)
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Felix Cohen was both a philosopher and a man of action. A defender of the oppressed, he firmly believed that "our democracy entrusts the task of maintaining its most precious liberties to those who are despised and oppressed by their fellow men".
In 1931 Cohen married Lucy M. Kramer, a graduate student at Columbia; they had two daughters.
