Maggie Blackhawk
@maggieblackhawk.bsky.social
Professor, NYU Law; scholar of Congress, the Constitution, and American colonialism; she/her/kwe.
At #ASLH where @tannerallread.bsky.social Tanner Allread accepts the Kathryn T. Preyer Award!
November 14, 2025 at 3:23 PM
At #ASLH where @tannerallread.bsky.social Tanner Allread accepts the Kathryn T. Preyer Award!
Blum of Students For Fair Admissions (SFFA) is targeting the Kamehameha Schools-privately run schools founded by descendants of King Kamehameha in 1887 (before the overthrow and annexation of the Kingdom by the U.S.) Refusing all federal funds, the schools aim to preserve Native Hawai'ian culture./1
October 21, 2025 at 3:22 PM
Blum of Students For Fair Admissions (SFFA) is targeting the Kamehameha Schools-privately run schools founded by descendants of King Kamehameha in 1887 (before the overthrow and annexation of the Kingdom by the U.S.) Refusing all federal funds, the schools aim to preserve Native Hawai'ian culture./1
"The Declaration of Independence opened the world to democratic possibility, sparking a wave of revolutions, yet it also marked the narrowing of political possibilities within the nascent United States."
October 9, 2025 at 2:38 PM
"The Declaration of Independence opened the world to democratic possibility, sparking a wave of revolutions, yet it also marked the narrowing of political possibilities within the nascent United States."
"The colonists sought not just territory, but unchallenged dominion. To achieve this, they needed to erase the legitimacy of Native governance and justify dispossession. It was precisely because Natives mirrored the colonists’ own ideals (autonomy, law, liberty) that they had to be cast as savages."
October 9, 2025 at 2:37 PM
"The colonists sought not just territory, but unchallenged dominion. To achieve this, they needed to erase the legitimacy of Native governance and justify dispossession. It was precisely because Natives mirrored the colonists’ own ideals (autonomy, law, liberty) that they had to be cast as savages."
Junior faculty and grad students in political science, history, law, and Native American Studies, come take a class with us at the New York Historical Society (and via Zoom) on Native Peoples, American Colonialism, and the U.S. Constitution.
To apply, Institute for Constitutional History: 1/2
To apply, Institute for Constitutional History: 1/2
August 16, 2025 at 2:16 PM
Junior faculty and grad students in political science, history, law, and Native American Studies, come take a class with us at the New York Historical Society (and via Zoom) on Native Peoples, American Colonialism, and the U.S. Constitution.
To apply, Institute for Constitutional History: 1/2
To apply, Institute for Constitutional History: 1/2
John Gast's "American Progress"--now on the official account of the Department of Homeland Security. Constitutionalism is more than text, especially in domains like expansion, dispossession, and borders (where there isn't much text)--it is also ideas about "nature," values, principles, and ideology.
July 24, 2025 at 12:38 PM
John Gast's "American Progress"--now on the official account of the Department of Homeland Security. Constitutionalism is more than text, especially in domains like expansion, dispossession, and borders (where there isn't much text)--it is also ideas about "nature," values, principles, and ideology.
Some news, as they say. (I am especially looking forward to working with Maria Goldverg during this final stretch, who seems like an absolute gem.)
July 21, 2025 at 2:32 PM
Some news, as they say. (I am especially looking forward to working with Maria Goldverg during this final stretch, who seems like an absolute gem.)
The case of Native Americans lays bare Vance's theory of citizenship. He says real "Americans" have North American ancestry, even if their ancestors opposed the U.S. But his Administration also argues that "Indians" were rightly denied citizenship-and uses that to deny citizenship from others today.
July 9, 2025 at 1:44 PM
The case of Native Americans lays bare Vance's theory of citizenship. He says real "Americans" have North American ancestry, even if their ancestors opposed the U.S. But his Administration also argues that "Indians" were rightly denied citizenship-and uses that to deny citizenship from others today.
I rarely comment on these things, but these are unusual times. 249 years ago the Declaration called Natives "Merciless Indian Savages.," and the Constitution excluded us from protection while enabling our dispossession. We remember this history not to cause harm, but to grasp the consequences./1
July 7, 2025 at 1:16 PM
I rarely comment on these things, but these are unusual times. 249 years ago the Declaration called Natives "Merciless Indian Savages.," and the Constitution excluded us from protection while enabling our dispossession. We remember this history not to cause harm, but to grasp the consequences./1
Honored to present the Rothbaum Lectures in Representative Government this fall. Excited also to share new research on "colonial administration"--a field that formed a pillar of American political science, history, and sociology at their founding--and to explore the "boomerang" of empire today.
July 1, 2025 at 3:40 PM
Honored to present the Rothbaum Lectures in Representative Government this fall. Excited also to share new research on "colonial administration"--a field that formed a pillar of American political science, history, and sociology at their founding--and to explore the "boomerang" of empire today.
Carving out (forgive me) reality from US history fundamentally harms us all. Borglum, who carved Mount Rushmore into the sacred Black Hills, wasn't "an accomplished sculptor." He had tried and failed to carve confederates into Stone Mountain, GA, (while in the KKK)/1
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
June 29, 2025 at 2:12 PM
Carving out (forgive me) reality from US history fundamentally harms us all. Borglum, who carved Mount Rushmore into the sacred Black Hills, wasn't "an accomplished sculptor." He had tried and failed to carve confederates into Stone Mountain, GA, (while in the KKK)/1
www.nytimes.com/interactive/...
www.nytimes.com/interactive/...
The Supreme Court denied cert today in a complicated and controversial case involving federal Indian law, Apache Stronghold. This case, brought by a nonprofit and not a Native nation, focused closely on the Religious Freedom Restoration Act (rights) over the treaty violations (power).
May 27, 2025 at 2:07 PM
The Supreme Court denied cert today in a complicated and controversial case involving federal Indian law, Apache Stronghold. This case, brought by a nonprofit and not a Native nation, focused closely on the Religious Freedom Restoration Act (rights) over the treaty violations (power).
Note also, that one of the three cases cited over and over again, Espinoza, (problematically) rested in part on the history of Indian boarding schools. Inclusion rested on a misinterpretation of the Court's own precedent: Quick Bear v. Leupp.
April 30, 2025 at 3:31 PM
Note also, that one of the three cases cited over and over again, Espinoza, (problematically) rested in part on the history of Indian boarding schools. Inclusion rested on a misinterpretation of the Court's own precedent: Quick Bear v. Leupp.
Indian law is everywhere these days--from Birthright Citizenship to annexation to, apparently, the Establishment Clause. #SCOTUS hears argument soon on whether to allow religious charter schools. The churches argue that Indian boarding schools serve as "history & tradition" for more such schools.
April 8, 2025 at 4:25 PM
Indian law is everywhere these days--from Birthright Citizenship to annexation to, apparently, the Establishment Clause. #SCOTUS hears argument soon on whether to allow religious charter schools. The churches argue that Indian boarding schools serve as "history & tradition" for more such schools.
"Wild Indians""off the reservation" is not a constitutional argument worthy of publication or debate; it is a stereotype. Native nation treaty land blanketed the West. Within treaty lands, the US army slaughtered and mutilated women and children (e.g. Sand Creek, 1864). Not "off the reservation."
March 31, 2025 at 2:30 PM
"Wild Indians""off the reservation" is not a constitutional argument worthy of publication or debate; it is a stereotype. Native nation treaty land blanketed the West. Within treaty lands, the US army slaughtered and mutilated women and children (e.g. Sand Creek, 1864). Not "off the reservation."
I am often asked why I labor to find law and the Constitution over issues now subject to "plenary power" like federal Indian law, foreign affairs, national security, &c.
This is why: these "non-legal matters" cannot be left to a lawless executive. They ought not be left to constitutional silence.
This is why: these "non-legal matters" cannot be left to a lawless executive. They ought not be left to constitutional silence.
March 19, 2025 at 1:55 PM
I am often asked why I labor to find law and the Constitution over issues now subject to "plenary power" like federal Indian law, foreign affairs, national security, &c.
This is why: these "non-legal matters" cannot be left to a lawless executive. They ought not be left to constitutional silence.
This is why: these "non-legal matters" cannot be left to a lawless executive. They ought not be left to constitutional silence.
Lex Porter, a WWII Ojibwe Code Talker (and my grandmother's cousin) received a congressional medal of honor in 2008 for his service to the US--a nation that had spent decades trying to drive Native languages to extinction. He and his fellow Code Talkers have been removed by the DoD as "DEI."
March 18, 2025 at 2:16 PM
Lex Porter, a WWII Ojibwe Code Talker (and my grandmother's cousin) received a congressional medal of honor in 2008 for his service to the US--a nation that had spent decades trying to drive Native languages to extinction. He and his fellow Code Talkers have been removed by the DoD as "DEI."
The Sovereignty Project is hiring! After a brief hiatus from briefing, we are taking on new projects (and a bit overwhelmed at the moment).
Should you know of a lawyer with a penchant for teaching and an appreciation of Indian Country, please share widely.
apply.interfolio.com/164483
Should you know of a lawyer with a penchant for teaching and an appreciation of Indian Country, please share widely.
apply.interfolio.com/164483
March 4, 2025 at 1:33 PM
The Sovereignty Project is hiring! After a brief hiatus from briefing, we are taking on new projects (and a bit overwhelmed at the moment).
Should you know of a lawyer with a penchant for teaching and an appreciation of Indian Country, please share widely.
apply.interfolio.com/164483
Should you know of a lawyer with a penchant for teaching and an appreciation of Indian Country, please share widely.
apply.interfolio.com/164483
Overjoyed to be rooting for Julian Brave Noisecat for an Oscar!
March 2, 2025 at 11:53 PM
Overjoyed to be rooting for Julian Brave Noisecat for an Oscar!
The Institute for Constitutional History has a CFA (due 3/28) for a monumental seminar on Religion in American Law with the great Sally Gordon and Nomi Stolzensberg.
Stay tuned for a CFA for a seminar I will co-teach on the constitutional history of Native peoples and American colonialism.
Stay tuned for a CFA for a seminar I will co-teach on the constitutional history of Native peoples and American colonialism.
February 13, 2025 at 9:18 PM
The Institute for Constitutional History has a CFA (due 3/28) for a monumental seminar on Religion in American Law with the great Sally Gordon and Nomi Stolzensberg.
Stay tuned for a CFA for a seminar I will co-teach on the constitutional history of Native peoples and American colonialism.
Stay tuned for a CFA for a seminar I will co-teach on the constitutional history of Native peoples and American colonialism.
Interested in law school? The Pre-Law Summer Institute at Univ. of New Mexico has a CFA (due 3/15).
This is the premiere pre-law program for Native law students. My biggest regret is not attending PLSI. Had I known I about it, I would have attended. Please spread the word!
www.ailc-inc.org/plsi/
This is the premiere pre-law program for Native law students. My biggest regret is not attending PLSI. Had I known I about it, I would have attended. Please spread the word!
www.ailc-inc.org/plsi/
February 11, 2025 at 11:15 PM
Interested in law school? The Pre-Law Summer Institute at Univ. of New Mexico has a CFA (due 3/15).
This is the premiere pre-law program for Native law students. My biggest regret is not attending PLSI. Had I known I about it, I would have attended. Please spread the word!
www.ailc-inc.org/plsi/
This is the premiere pre-law program for Native law students. My biggest regret is not attending PLSI. Had I known I about it, I would have attended. Please spread the word!
www.ailc-inc.org/plsi/
Clear and cogent analysis on the Birthright Citizenship EO (and, collectively, the "dictatorial theory" of executive power behind all of the recent EOs) from my colleagues Trevor Morrison & @adambcox.bsky.social on @justsecurity.org
www.justsecurity.org/106969/trump...
www.justsecurity.org/106969/trump...
January 28, 2025 at 3:29 PM
Clear and cogent analysis on the Birthright Citizenship EO (and, collectively, the "dictatorial theory" of executive power behind all of the recent EOs) from my colleagues Trevor Morrison & @adambcox.bsky.social on @justsecurity.org
www.justsecurity.org/106969/trump...
www.justsecurity.org/106969/trump...
Again, should the US deny birthright citizenship to others because it has colonized Native people less violently--i.e., not forced irreversible US citizenship on them? Absolutely not. These things are not at all related. But we do not have to erase/celebrate colonialism to prevent the former.
January 24, 2025 at 9:17 PM
Again, should the US deny birthright citizenship to others because it has colonized Native people less violently--i.e., not forced irreversible US citizenship on them? Absolutely not. These things are not at all related. But we do not have to erase/celebrate colonialism to prevent the former.
Natives were excluded from 14th A. birthright citizenship because the US is colonizing them and, at the very least, afforded Native Nations a sliver of self-determination. Until we face the fact that the US colonizes governments, including Native nations, these laws will hurt other people.
January 24, 2025 at 9:00 PM
Natives were excluded from 14th A. birthright citizenship because the US is colonizing them and, at the very least, afforded Native Nations a sliver of self-determination. Until we face the fact that the US colonizes governments, including Native nations, these laws will hurt other people.
With respect, a correction: the argument is that (a) children of tribal members are not "subject to the jurisdiction" (excluded from 14th A birthright citizenship); (b) thus, children of undocumented parents are excluded. (a) correctly states the law. Natives have statutory citizenship only.
January 24, 2025 at 8:24 PM
With respect, a correction: the argument is that (a) children of tribal members are not "subject to the jurisdiction" (excluded from 14th A birthright citizenship); (b) thus, children of undocumented parents are excluded. (a) correctly states the law. Natives have statutory citizenship only.