“To best illustrate her convincing analysis of actually existing jurisdiction, Pasternak asks us to sharpen our metaphorical guillotines — or our skinning knives — to lop off the head of the king, the sovereign, the head of state. What authority proliferates in the absence of this false symbol of power? Surely, in Turtle Island what remains and grows in the absence of the long shadow cast by colonialism are the robust forms of Indigenous legal authority: the enduring, preexisting, and co-developed authorities existing alongside imperial and colonial legalities. But from where does Indigenous authority derive? It certainly does not come from a divine ruler, the sovereign, or the most powerful political and territorial imaginary in history: the nation-state. These realms of “civilization” categorically consign Indigenous peoples to that lawless space where life is, to quote Hobbes, “solitary, poor, nasty, brutish and short.” A place we can call death. On the other hand, Algonquin political authority, Pasternak powerfully demonstrates, derives from a multiplicity of institutions, individuals, and other-than-human agents that encompass the resilience of Indigenous life in the face of constant erasure, disappearance, and elimination.”
In this article, Kathleen Arnold explores the historical roots of President Trump’s legal and yet unjust travel ban. Were Trump’s moves illegal? Not really—Trump merely used the legal and yet extra-constitutional powers in the immigration system. The closed system of authority over matters of immigration requires revolution and not reform—protest is truly the only way to effect change.