from information found in writings by Vine Deloria, Jr. [listed below]

brought to you by the students in "A Close Reading in Theory: Vine Deloria, Jr." Autumn 2013

Comparative History of Ideas, University of Washington, Jeanette Bushnell, PhD

Event

900 Norway to Canada & NE US area

1492 Spain to Caribbean1496 first spanish city1497 England to North America1498 Spain to South America1519 Spanish city, St. Augusta, FL

D

I S

C O

V E

R Y

,

C O

N Q

U E

S T

&

T

R E

A T

Y

M A

K I

N G

(

1 5

3 2

-

1

8 2

8 )

15321607 Jamestown1620 Mayflower to New England1692 Salem witch trials169617001711 Tuscarora War – lasted to 1713

1714 John Locke died [b 1632]1714 King George – first non-papist British king1716 Black slaves sent to Louisiana Territory17221744 Treaty of Lancaster1754 Albany Plan of Union1756 war between England & France 1759 war between Cherokee & colonists1763 End of French & Indian War (1754)1770 Declaration of Independence

Treaties, Acts, Policies and Court Decisions of the United States relating to Indigene of Turtle Island

Haudenosaunee (Iroquois) develop a representative government with checks and balances in place.

Fancisco de Vitoria, Spanish theologian on "just war"

Royal African Trade Co. loses slave trade monopoly1620-1700 = 21,000 slaves imported to 'America'

Black slaves 75,000 (16% of non-indigenous pop)

Policy Era

Chief Justice

President

Year

D

I S

C O

V E

R Y

,

C O

N Q

U E

S T

&

T

R E

A T

Y

M A

K I

N G

(

1 5

3 2

-

1

8 2

8 )

1777

1778

1778

1783 Treaty of Paris1786 Several states defied ‘federal authority 1786

1787 Northwest Ordinance1787 U.S. Constitution signed

1788 Constitution ratified by 9 states

John

Ja

y

Wash

ingt

on

89

- 97

17891790 First meeting of US Supreme Court (SCOTUS)

1790

1791 Bill of Rights takes effect

1795 Treaty of Grenville

1796

John

Mar

shal

l

1801

1802 Act to Preserve Peace on the Frontier

1803 Louisianna Purchase

1814

Articles of Confederation. Similar to 1754 plan. US recognized by France as independent countryfirst WRITTEN US-Indian treaty, with Delaware [formerly several oral ones]

Regulation and Management of Indian Affairs Ordinance

U.S. Constitution adopted.

First Trade and Intercourse Act. Gave much power to congress.

John

Ru

tled

ge

Oliv

er

Ells

wor

th

Adam

s 97

-01  900,000 Black slaves 20% of non-native

population

Je

ffer

son

01

-09

Madi

son

09

-17 War of 1812 [Treaty of Ghent], Battle of

the Thames 1813, Horseshoe Bend 1814

D

I S

C O

V E

R Y

,

C O

N Q

U E

S T

&

T

R E

A T

Y

M A

K I

N G

(

1 5

3 2

-

1

8 2

8 )

John

Mar

shal

l

Monr

oe

17

-25

1817

1819 Dartmouth v Woodward

1819 Dawes Commission Report

1819 Civilization Fund Act18211823 Monroe Doctrine

1823 Johnson v McIntosh

1824 SCOTUS ruling18241825 2nd Treaty with Creeks18261827 Gold found in Georgia

R E

M O

V A

L

A N

D

R E

L O

C A

T I

O N

(

1 8

2 8

-

1

8 8

7 )

Jack

son

29-3

7

1830

1831 Cherokee v Georgia

1832 Worcester v Georgia

1832 Treaty with Seminole

1834

1834

1834

Roge

r T

aney

1836

1841

18421844 Louisville Railroad Company v Letson1845 Texas annexed

Indian Country Crimes Act

 US acquired Florida from Spain

The Indian Office

Adam

s

25

-29

Creek Treaty of Washington

Indian Removal Act: redefined ‘Indian country’

An Act to Regulate Trade and Intercourse with the Indian Tribes

Act to Provide for the Organization of the Department of Indian Affairs

“Indian Country” was defined by congress

VanB

ure

n

37-

41Ha

rris

on 4

1

Tyl

er

41-4

5  end of Seminole War

R E

M O

V A

L

A N

D

R E

L O

C A

T I

O N

(

1 8

2 8

-

1

8 8

7 )

Roge

r T

aney

1846 US claimed Oregon Territory1848 Gold discovered in California

1848 Treaty of Guadalupe Hidalgo

1849

1851 Treaty with Sioux1854 Court of Indian Claims

1855

1857 Dred Scott v Sanford

1859 Treaty with Yakama

1860 3,954,000 Black slaves in US1862 Homestead Act18621863 End Court of Indian Claims

Salm

on C

hase

1864

1864 Navajo Long Walk

John

son

65-6

9

1865

1866 The Kansas Indians1866 Civil Rights Act

1867 The Peonage Abolition Act:

1867 Treaty of Medicine Lodge18681868

Gran

t 69

-77 1869 US v Lucero

1869 First federally sponsored Indian police18701871 McKay v Campbell1871

Haye

s 77

-81

Morr

ison

Wai

te

1874 Gold discovered in Black Hills, SD1876 Little Big Horn event

Tyl

er

41-4

5Po

lk

45-4

9Ta

ylor

49

-50

Indian Affairs moves from Dept. of War to new Dept. of Interior

Medicine Creek and Point Elliott Treaties - Puget Sound

Buch

anan

57

-61

Linc

oln

61

-65

Only time congress has formally abrogated a treaty

Sand Creek Massacre of Cheyenne by US Calvary

Civil War ends, 13th Amendment Abolishes Slavery

14th Amendment: Citizenship and Due Process2nd Fort Laramie treaty (1st in 1851)

15th Amendment: Votetreaty making ended by congress on a 'rider'.Indian Territory of Oklahoma unable to become a state due to property issues. With ndn land ‘held in common’, they

R E

M O

V A

L

A N

D

R E

L O

C A

T I

O N

(

1 8

2 8

-

1

8 8

7 )

Morr

ison

Wai

te

Haye

s 77

-81

1879 US ex rel Standing Bear v Crook

1879

1880 US v Osborne1881 US v McBratney

1881 A Century of DishonorAr

thur

81

- 8

5

188218821883 Ex Parte Crow Dog

1883

1884 Elk v Wilkins

1885

Clev

elan

d 85

-89

1886 US v Kagama

1886 Santa Clara County v Southern Pacific Railroad

1887 General Allotment Act [Dawes Act]

A L

L O

T M

E N

T

A N

D

A S

S I

M I

L A

T I

O N

(

1 8

8 8

-

1

9 2

8 )

Melv

ille

Ful

ler

1888 Sioux Act1889 Oklahoma Organic Act1890 Ghost Dance Religion1890 Wounded Knee Massacre1891 General Allotment Act amended1891 Indian Depredations Act

Clev

elan

d 93

-97 1891 Indian Education Act

1892 John Muir founds Sierra Club1893 Indian Education Act

1894 Dawes Commission Report

1896 Talton v Mayes

1897 Oil found in Oklahoma

Carlisle open as first Indian boarding school. Assimilation = new Federal policy

Garf

ield

81

Secretary of War could use vacant army building as school for IndiansIndian Rights Association begun

BIA Court of Indian Offenses – quasi-judicial forum overseen by agent for offenses against acculturation

Major Crimes Act: murder, manslaughter, rape, burglary, larceny, assault with intent to kill, arson

Harr

ison

89

-93

McKi

nley

97-

01

A L

L O

T M

E N

T

A N

D

A S

S I

M I

L A

T I

O N

(

1 8

8 8

-

1

9 2

8 )

Melv

ille

Ful

ler

1898 Curtis Act

1899 Dobb v US and Apache1899 Stephen v Cherokee1901 Montoya v US

Roos

evel

t 01

-09

1903 Lone Wolf v Hitchock

1905 Reserved Right Doctrine SCOTUS

1905 Matter of Heff SCOTUS

1906190619071908 Quick Bear v Leupp1908

Edwa

rd W

hite

1910 Congress Omnibus Act1911 Society for American Indians

Wils

on 1

3-21

1913 Donnelly v US1913

1913 US v Sandoval

1914 First congressional effort to ban peyote1914 US v Pelican19141916 US v Nice1916 Jeannette Rankin, R-Montana1917 U.S. enters WW I1919 end Indian Depredations Act1919 all WWI vets got citizenship

Will

iam

Taft

1921

1921 Snyder Act

1922

Cool

idge

23-

29

1923 Florence Patterson, RN, Public Health19241924 Indian Health Division19261928

McKi

nley

97-

01

Burke Act: congress’ counter to Heff. Ndns stayed under fed protection butAntiquitites Act: ndn bones & objectsState of Oklahoma formed by merge

Winters v U.S.: re white settlers daming river in MT

Taft

0

9- 13

16th Amendment: Income Tax

Last negotiated agreement between US and Indians

Hard

ing

21-2

3

Secretary of Interior, Albert Fall, hostile to Indian rights

John Collier’s rise to prominence in private organizational world

Indian Citizenship Act – granted US citizen statusBIA tried to prohibit Indian marriages & divorcesMeriam Report: “The Problem of Indian Administration”

A L

L O

T M

E N

T

A N

D

A S

S I

M I

L A

T I

O N

(

1 8

8 8

-

1

9 2

8 )

Will

iam

Taft

Cool

idge

23-

29

19281928 Senate Indian Committee

1929 "Great Depression"Ch

arle

s Hu

ghes

1930 Boarding schools begin to close

1932 Leavitt Act

1933 Pueblo Relief ActRo

osev

elt

33-4

5

1933 Collier Circuar #29701933 The New Deal1934 Indian Conference

1934

1939 U. W. enters WW II

Harl

an S

tone 1941

1943

Trum

an 4

5-53

1943

1945

T E

R M

I N

A T

I O

N

( 1

9 4

5 -

1

9 6

1 )

Fred

Vin

son

1946

1946 Indian Claims Commission

19471948 “Indian Country” defined by congress again1948 Hoover Commission1948 Trujillo v Garley1948 Federal Water Pollution Control Act1949 UN Genocide Convention195019521952 McCarran Amendment

Earl

War

ren

Eise

nhow

er 5

3-61

1953

Collier named Indian CommissionerRE

ORGA

NIZA

TION

AND

SEL

F-GO

VERN

MENT

( 1

928

- 19

45)

Hoov

er 2

9-33

Indian Reorganization Act: Wheeler-Howard Act. http://www.cskt.org/gov/docs/reorganizationact.pdf

Congressional Act defining “Indian Country”Tribal leaders create National Congress of American Indians

US drops first atomic bomb. On HiroshimaIndian Delegation Act: allowed Secretary of Interior to delegate some of power.

conservative congress; less federal spending;

PL 815 & PL 874White House letter of intent for feds to withdraw from indian programs

PL 83-280 (67 stat. 588) [83rd congress, Ch. 505]

T E

R M

I N

A T

I O

N

( 1

9 4

5 -

1

9 6

1 )

Earl

War

ren

Eise

nhow

er 5

3-61

1953

1954

19541954 Toledo v Pueblo de Jemez1955 Indian Long-Term Leasing Act1956 Relocation Act1958 Congress ended termination without consent1959 Williams v Lee

1959 Native American Church v Navajo Tribal Council

1959 Alaska becomes state1961 Area Redevelopment Adminstration Act

S E

L F

- D

E T

E R

M I

N A

T I

O N

(

1 9

6 1

- p

r e

s e

n t

)

1962

John

son

63-6

9

1963 National Council on Indian Opportunity19631964 Nisqually fish-in by Indian Youth Council1964 Economic Opportunity Act196519661966 Black Panther Party 1968 Indian Civil Rights Act

1968 Mohawk block bridge between US and Canada1968 American Indian Movement1968 Oil found at Prudhoe Bay, Alaska

Warr

en B

urge

r

Nixo

n 69

-74

19691970 Nixon officially ended Termination 1970 Native American Rights Fund19701971 Alaska Native Claims Settlement Act (ANCSA)1972 Indian Education Act1972 Trail of Broken Treaties1972 City of New Town v US

[House Concurrent Resolution 108] (Termination of federal services to Indians. For terminated tribes, supervision [wardship] was transferred to a bank in the state who managed their property and Termination of Klamath, Menominee and several small tribesIHS transferred to US Public Health Service: PL 83-568

Kenn

edy

61-6

3

Silent Spring, by Rachel Carson

AZ v CA

Colliflower v Garland 9th CircuitRobert Bennett,Commissioner of Indian Affairs

Alcatraz Island, San Francisco Bay, California

EPA created

S E

L F

- D

E T

E R

M I

N A

T I

O N

(

1 9

6 1

- p

r e

s e

n t

)

Warr

en B

urge

r

Nixo

n 69

-74

1973

1973

Ford

74-

77

1974 Morton v Mancari - SCOTUS

1974 International Indian Treaty Council1974-7719741975 US v Mazurie

1975

1975

1976

Cart

er 7

7-81

1977

1977 Senate Committee on Indian Affairs19771978 End of Indian Claims Commission

1978

1978 Indian Child Welfare Act1978 Oliphant v Suquamish1978 Santa Clara Pueblo v Martinez

1978 Guadalupe v Tempe Elementary School

1978 Madrigal v Quilligan

1979 Branch of Acknowledgement and Research19791980 SCOTUS awarded in favor of Sioux 1980

McClanahan v AZ St. Tax Commission [decision may have been politicized by AIM at Wounded Knee]AIM takeover of Wounded Knee

Alaska pipeline built after 1973 'oil crisis'Boldt Decision

SCOTUS: federal relationship is with Indian tribes, not individualsAmerican Indian Policy Review Commission PL 93-580Indian Self-Determination and Education Assistance Act: PL 638 & Tribal Self-Governance Act: PL 413

SCOTUS limits PL 280 furtherInternational Indian Treaty Council became first UN-recognized indigenous group

SCOTUS, having never challenged congress’ actions regarding Indians,

American Indian Religious Freedom Act: a joint resolution and unenforcable

Seminoles 1st tribe to enter gaming industry

ANILCA: Alaska National Interest Lands Conservation Act

S E

L F

- D

E T

E R

M I

N A

T I

O N

(

1 9

6 1

- p

r e

s e

n t

)

Warr

en B

urge

r

Reag

an 8

1-89

1982 Indian Mineral Development Act

1982 Merrion v Jicarilla Apache Tribe

1982 Seminole Tribe v Butterworth1984 EPA issues Tribal Policy

Will

iam

Rehn

quji

st

19861987 Clean Water Act amended1987 CA v Cabazon SCOTUS1988 Lying v NW Indian Cemetary Assoc1988 Indian Gaming Regulatory Act

Bush

89-

93 1990

1990 Indian Arts and Crafts Act (IACA)

1992 Native American Languages Act of 1992

1992 Foxwoods Casino of Connecticut

Clin

ton

93-0

1

1993

1994

1995

19951998 Executive Order 13084. 1998

19981999 Cobell v Babbitt

Bush

01-

09

2003 American Indian Records Repository2004

John

Rob

erts

2007

2007 UN Declaration on the Rights of Indigenous Peoples

‘reaganomics’ = ‘trickle-down economics’ = reduce gov’t regulation; reduce gov’t spending; reduce income and capital gains taxes

Native American Grave Protection and Repatriation Act [NAGPRA]

PL 103-150: Apology Resolution. Acknowledge that 1893 overthrow of Hawaiian Kingdom was wrongAmerican Indian Trust Fund Management Refort Act. PL 103-412 [Office of Special Trustee]Dept. of Justice further clarifies government to government relations with tribesSCOTUS hears challenge to Indian Reorganization Act

SCOTUS affirms tribal sovereignty - immunity from some lawsuitsState of Alaska v Native Village of Venetie Tribal Government

SCOTUS affirms congress’ authority over Indian affairs, to make changesSCOTUS affirms tribal hunting and fishing rights within ceded land

S E

L F

- D

E T

E R

M I

N A

T I

O N

(

1 9

6 1

- p

r e

s e

n t

)

John

Rob

erts

Obam

a 09

-

2009

2010

2010 Citizens United v Federal Election Commission2011 Federal Communication Commission v AT&T2013

2013

Vine Deloria, Jr. Sources

Additional internet sources

Indian Affairs: Laws and Treaties – Compiled and edited by Charles J. Kappler

The Library of Congress, In the spirit of Thomas Jefferson, legislative information from the LoC

Indian Land Tenure Foundation

Indian Law Timeline

Quntard Taylor's U.S. history of slavery timeline

Jeanette Bushnell, PhD, University of Washington, pembina@u.washington.edu

Cobell v Salazar Class Action http://www.indiantrust.com/docs/sa_1_19_11.pdf

Tribal Law and Order Act http://www.justice.gov/tribal/tloa.html

VAWA [Violence Against Women Act] revisedIndian Law and Order Commission Report: A Roadmap for Making Native America Safer

Deloria, Vine, and Clifford Lytle. 1984. American Indians, American Justice. Austin: University of Texas.Deloria, Vine, and Clifford Lytle. 1984. The Nations Within: the past and future of American Indian Sovereignty. New York: Pantheon.Deloria, Vine, and David Wilkins. 1999. Tribes, treaties, and constitutional tribulations. Austin: University of Texas Press. Deloria, Vine, and David Wilkins. 2011. The legal universe: observations on the foundations of American law. Golden: Fulcrum.

http://digital.library.okstate.edu/kappler/

http://thomas.loc.gov/home/thomas.php

http://www.iltf.org/

http://www.law.asu.edu/library/RossBlakleyLawLibrary/ResearchNow/IndianLawPortal/IndianLawTimeline.aspx

http://faculty.washington.edu/qtaylor/a_us_history/1700_1800_timeline.htm

from information found in writings by Vine Deloria, Jr. [listed below]

brought to you by the students in "A Close Reading in Theory: Vine Deloria, Jr." Autumn 2013

Comparative History of Ideas, University of Washington, Jeanette Bushnell, PhD

Implications

Fighting indigenous peoples to get their resources was not ‘just war’first British settlement. Virginia

New England colonists enter slave trading for profitEuropean population in 'America' = 275,000North Carolinaworked on Social Contract Theory with other European philosophers

European population in 'America' = 475,000

bankrupted England so wanted colonies to be self-supportingEuro population in 'America' = 1,500,000

Euro population in 'America' = 2,210,000

Treaties, Acts, Policies and Court Decisions of the United States relating to Indigene of Turtle Island

first five nations to join this expanding confederacy were the Mohawk, Onondaga, Oneida, Cayuga and Seneca

Iroquois, Maryland, Virginia & Pennsylvania marked property boundaries. Individuals needed permission Legislature & heads of state of Iroquois, New England colonies, NY, Penn and Maryland developed structure for government on east coast. Franklin noted effectiveness of Iroquois system. England did not allow this.

France removed from N. America. With new authority, England's king formalized imperial boundary with Indians as crest of Appalachian mountains; everything west was ‘Indian Country’

concerning ndn relationsTo establish rules for American citizens not ndns or tribes

After military loss, Indians cede land to America and rest is “Indian country”

Jefferson, "Indians should be west of the Mississippi River". Marshall personifies corporations.

Americans didn’t fully understand Iroquois system nor notion of sovereignty so had internal conflict between states and feds that continues. States couldn’t wage war unless invaded but could against ndns. Only Feds could regulate trade. No understanding of geography. Feds had little power under articles.

Allowed American army passage through Delaware (Lenni Lenape) land to attack English. More sovereign in language than other treaties; established the precedent of dealing with native nations on a formal contractual basis. http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=007/llsl007.db&recNum=24

Ended the US Revolution. Recognized US as country. Claimed all tribes south of Great Lakes under “American influence”

to protect Indians from depradations of settlers. Restrict conflict to ‘just & lawful war’ [see 1532 on internt’l law]Art. 1: Commerce Clause gives congress the power “to regulate

Gave federal government power over trade among states, "commerce with foreign nations, and among several states, and with the Indian tribes" http://www.law.cornell.edu/anncon/search/display.html?terms=Indian&url=/anncon/html/art1frag61_user.html

First action of the first congress created Dept. of War to ‘render military needs to Indian affairs’. “Federalists” = pro-constitution

Only federal government can trade with Indians - to protect Indians from unscrupulous white traders. Has expanded many times and now engulfs all of indian life. http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=001/llsl001.db&recNum=260

 1st ten amendments of constitution

limit communication between settlers & Indians. Ban sale of liquor. http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=002/llsl002.db&recNum=176

US has military supremacy over Indian tribes from Great Lakes to Gulf of Mexico and from Atlantic to Mississippi

Corporations given some rights against state power, therefore giving them some 'personhood'

authorized money to Christian missionaries to carry out treaty stipulations

separated US from Europe; non-colonization by Europe; non-intervention by Europe

established by Secretary of War - which later became BIAgave land to Georgia. Creeks claim it was fraudulent & it was later annulledGeorgia ignored this

War erupted when tried to move Seminole to Creek land.

Was so expensive to fight them, US began rethinking its war policiesCorporations are considered citizens of the state in which they are incorporated

criminal justice to all people whether in ‘Indian country’ or not. Excluded ndn-Indian (same tribe) violence and treaties. Defined ‘Indian country’ as relationship between individual tribes and feds, not Indian – Indian relationship. http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=003/llsl003.db&recNum=424

Congress adopts policy of civilization [cultural transformation] rather than termination [physical obliteration] of indigenous peoples.

SCOTUS calls on "Discovery Doctrine" and claims that a European power gains sovereignty to land it discovers with exclusive right to extinguish the “right of occupancy” of indigene = Indians don’t own land, feds doCommerce Clause can regulate interstate commerce 

Jackson very anti-Indian. Trail of Tears, 1831 Choctaw, 32 Seminole, 34 Creek, 37 Chickasaw, 38 CherokeeDecided against Cherokee on procedural ground that Cherokee were not a foreign nation capable of filing an action in SCOTUS against a state of the union. A state challenge to federal power. "domestic dependent nations". US-Indian relationship not like other states; "RESEMBLES" ward to guardian. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0030_0001_ZS.html Missionaries obeying Cherokee NOT state law. Tribal land not subject to state law, only federal law and treaties. http://www.law.cornell.edu/supct/html/historics/USSC_CR_0031_0515_ZS.html

restrict US communication with Indians who might join forces with Europe. Indians seen as potentially ‘foreign’ & so must be ‘treated’ with for peace. Move away from a negotiated relationship toward administrative solutions. http://memory.loc.gov/cgi-bin/ampage?collId=llsl&fileName=004/llsl004.db&recNum=776

Combination of 1834 acts meant that the rights of most Indian tribes became a matter of administrative options rather than nationally enforceable laws.Treaty defined geographic boundaries had become very complicated. Became technical term used by courts and agencies for places where fed ndn authority in effect

based on Lewis and Clark travels of "discovery"More displacements of indigene; bounties on Indians funded by the state

Mexico cedes much of what is current US southwest after Mexican-American War

to hear treaty 'claims', violationsEuro population in territory 300

Involving Minnesota war with eastern SiouxCongress banned treaty related cases from going to the Supreme Court without permission

Indians to be punished by military if refuse to live on reservationsfreed slaves; did not apply to Indians who were outside constitution

On Sac & Fox rezIndians not allowed to voteIndians are extraconstitutional

could not conduct commerce with other states since whites could not purchase land

Treaty broken.

legislative & executive functions of government merged to new idea = administrative agency --> BIA

Slaves not citizens; couldn't sue in federal court; congress didn't have authority to prohibit slavery; overturned by 13th Amendment

enticements to whites to populate the western half of the country; Indians perceived as 'enemy' to 'progress'

8,000 to 9,000 Navajo were forced to walk 450 miles from their homes to a new reservation. In 1868 they walked back home, where they continue to live.except as punishment for crime; extending forever it limits state's power; did not apply to Indian Nations nor did it apply to the enslavement of Indian individualsWithout clear ‘termination’ by congress, tribes have continued protection of federal laws and treaty rightsabolish voluntary and involuntary servitude as Enforcement Clause of 13th Amendment; prevails over state or private contractual claims. Indians not included - not protected by 13th Amendment

 Sioux in South Dakotaissue of land title at Cochiti (and all Pueblos). Indians were considered part of the conquered Mexican population and thus now US citizens. Pueblo land was not considered "Indian Country"

Afterwards called Executive Agreements, needed both houses to approve. [Treaties only approved by Senate]

American Indians were legal persons but only insofar as they could file writ of habeus corpors

Eugenics movement is popular

test 14th Amendment - Indians are not US citizenswhite man killed on Ute reservation = finding: no state jurisdiction

Used as rationale for later occupations of Alcatraz Island and Fort Lawton [Seattle]Social activist pro-ndn grp, to 1994

Corporations enjoy the same rights under the 14th Amendment as do natural persons

split Indian Territory and opened western part to white settlerscreated by WovokaUS claim that this was a 'battle' - against practitioners of the Ghost Dance religionIndians could now sell their landAllowed individual claims against the fed govt for crimes committed by ndnauthorized Comm. of Ind Affairs to ensure Indian children attended schools run by whites

withheld treaty goods from parents who did not send their children to school

Nonfiction by Helen Hunt Jackson created a climate of sympathy for Native peoples that lasted well into the 20th centuryArthur felt 'Indian' problem could be solved if Indian's took up 'civilized' European lifeways and relitions

Affirmed tribal sovereignty to do own criminal justice. Couldn't extend federal law over Indians unless specifically allowed in treaty, thus the 1885 Major Crimes ActSundance, polygamy, fornication, drunkenness, healing ceremonies, interference with schools, obscenity, gambling, theft, adultery, assault, contempt of court, medicine men, trespass, gathering wood, fightingIndians not considered US citizens; second time federal court compared Indians with foreign political rather than another emigrant seeking residency; indians need Act of Congress to gain citizenship because of treaty relationship. This case now being used to deny citizenship to children born in the US to immigrant parentsWas within an appropriations bill; ended Indian justice systems & eroded other aspects of ndn tribal society. Now lists 14 crimes.Test of Major Crimes Act; US has fiduciary responsibility to fund its guardianship of Indians. Ideology from Marshall's Cherokee Nation case becomes congress’ complete & absolute power in needs of defenseless Indians; Miller redefined Indian status

individual Indians given 160 acres, rest of reserved land purchased by US & opened to whites. congress felt Indian's owned too much land. Changed relationship to property management.split Sioux reservation into six separate reservations to decrease power and open more land to whites

commission justified allotment of comunally held aboriginal lands by citing the alleged failure of tribal gov to exclude intruders and preserve their isolation (even though gov promised they would keep US citizens out)Indian governments were recognized as having a definite status with respect to their own members that they were denied with respect to the US - even if members lacked legal protection from abuses by their own governments, they preserved the potential of politically independent and self-sufficient communities

more definitions of Indian nation/tribe/band forced allotmentdefined 'band' for legal liability purposes

Indians became US citizens as soon as they accepted allotments, not at end of 25 year trust periodalso gave Interior right to prematurely issue fee patents to ‘capable’ ndnsfound on rez belonged to U.S. govof territories of Oklahoma & ndn terrchallenged giving tribal / BIA money to religious schools; SCOTUS let the practice continue

Strengthened powers of BIA. Plan: Dept of Int would phase out BIAFirst PanIndian unity group that was exlusively Indians

Tribes NOT taxed similar to other governments

with Utes of Coloradooverturned 1914 US v PelicanFirst woman elected to US Congress [House of Representatives]

Appropriates are under Interior rather than under treaties for Indian programsInfluence of role of private citizens in formulating Indian policy

Study on need for healthcare on rez & boarding schools. Hidden until 1928

established within BIAabd only let BIA agents issue marriage licenses

Ended tribal governments for those who refused allotment & mandated allotment of land in Indian Territory. Ended sovereignty in Indian Territory

case against US by Kiowa. Decision: "plenary power' of US congress could unilaterally abrogate treaty obligations between US & indian tribes. Departure from 1831 Cherokee v Georgia and 1832 WorcesterDecisions onYakama fishing & water effectively made policy w/legal doctrines & concepts. Idea that pre-treaty, Indians had All Rights. Treaties negotiated certain rights but the rest were retained.

emphasized Indians have reserved rights to twater on their land from time reservation established, in direct contrast to prior appropriation doctrine which said rights were lost if Indians were not USING the water

Defined "Indian Country" as all land officially set aside from public domain for use of Indian reservations

Adjusted Donnelly case - US interpretation of Pueblo landholding in conflict with earlier Spain. More power to congress not courts

Allotments are part of “Indian Country”. Overturned in 1916, US v Nice

Specifically did NOT infringe on tribal status of individuals so dual citizenship. Iroquois refused

on 'state of Indians'. Senators called it biased in favor of Indians but after senate-funded, eight-year study, they agreed with Meriam report

regionally lasted to late 1930's or early 1940'smore use of day schools

Prohibit Sect. of Int. from spending funds on Pueblos without asking themallowed Indians to practice their religionAnti-depression programs; increased jobs; appointed CollierFirst one, invited Indian leaders, arranged by Collier

to promote tribal interests at a national level

quit 'helping' tribesOriginally for criminal jurisdiction but SCOTUS has applied to broad scope of tribal jurisdiction

forced all states to allow Indians to voteClean Water Act, 1972, ’77, ’82, etc.almost all countries signed by 1970. US ratified in 1988Indians included in federal education programs for the first time, other than BIA programsrhetoric: Indians should be freed from fed controlFeds waive rights to states regarding water rights

Fact finding: Concerned that Indians had no official organization to present themselves to government, not that they could self-govern

Sec. of Int. could adjust or eliminate charges to Indians for irrigationProjects [that mostly benefited non-Indians anyways]. Also, lifted encumbrances that blocked allotment

end allotment; Indian Congresses; credit for tribes: federally approved constitutions available; tribe could organize as corporation; end to historic leadership in favor of US democracy. But congress did not allocate sufficient funds so that tribes could actually realize opportunities. 181 tribes adopted, 77 rejected. 1887-1934 ndn land 138->48 million acres (20 mil not arable)

End standing committees on Indian affairs in House & Senate transferred to Committees on Public Lands. Decision making power now at lower level but all above needed to review so dispersed ‘blame’ and created long lag time Recommended by Collier because formerly Indian land claims required too cumbersome process. Collier ousted with allegations that he was socialist

Tried to give states the responsibility for indians - not quite legal. Democrats moving towards Civil Rights Act

States assume criminal jurisdiction (except fishing and hunting) withou Indian consent. Changed definition of "Indian Country". http://digital.library.okstate.edu/kappler/Vol6/html_files/v6p0591.html

thought they could integrate ndn health but issues were too different

extended length of mineral and grazing leasesallowed BIA to give money to individual ndns to move to citiesended Indian land sales

allowed ndns to buy and commercially develop land

Johnson first to appoint Indian to federal post since GrantFirst ruling: US had reserved water rights for five Indian reservations

Indians got special considerationIndian courts found to be sufficiently federal so decisions could be appealedFirst Indian in this position

Occupation by Indians of All TribesDeclared “War on Drugs” [barely veiled anti-black federal policies]Indian lawyers from EOAfor cleaner environmentnative 'corporations' formed; pipeline could not cross native-held landformalized existing programs – tribes could officially sponsor fed progamsIndians from across US went to DC to meet with BIA folksReserved land ALWAYS a rez no matter land title

“as rapidly as possible, to make the Indians within the territorial limits of the United States subject to the same laws and entitled to the same privileges and responsibilities as are applicable to other citizens of the United States, to end their status as wards of the United States, and to grant them all of the rights and prerogatives pertaining to American citizenship." Among other things, it specifically called for the termination of certain named tribes.had eight effects: land use changed; trust relationship end; inc. state authority; no tribal sovereignty; taxable; no longer part of national Indian community

power of Pueblos does not come from New Mexico or US so they can do what they want regarding religious freedom

if state intrusion does not infringe on tribal self-government, then state might be able to extend its jurisdiction onto Indian landChurch wanted to get tribal ordinance against peyote to be unconstitutional. 10th Circuit ruled, "Indian tribes have status higher than states. They are subordinate and dependent only for what h as been surrendured to US" [Worcester idea]

brought to light the harmfulness of DDT and other chemicals that were causing greatly harming the natural world --> series of laws written in the 1960s meant to address the distress caused to the environment and nonhuman species -> Clean Air Act 1963, 1964 Wilderness Act, 1964 Land and Water Conservation Fund, 1965 Solid Waste Disposal Act

http://www.blackpanther.org/ Changed PL 280 so that tribes needed to consent to it. Provisions akin to those in Bill of Rights applied to tribal governments

http://www.aimovement.org/

South Dakota

First NGO recognized by UN

Upheld treaty fishing & hunting rights

affirmed tribal sovereignty.

no state ‘regulatory’ power on reservation

Re-established after Indian Policy Review Comm.now claims legislative power of congress not above judiciary scrutiny

American Indians’s have no civil authority over non-Indian’s on their land

within BIA formed to evaluate Claims of non-recognized tribes to be reviewed for acknowledgementEncouraged other tribes to do so

resolved some issues from ANSCA

Idea of Indian sovereignty only a ‘backdrop’ for understanding treaties – might not preclude state instrusion

Indian preference (within BIA) was not based on racial discrimination; it affirmed the political status of federally recognized Native nations

Wind River; liquor related activities; Upheld tribal sovereignty - tribes are more than private, volunteer organizations

Indian input is mostly ignored. http://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg1910.pdf http://archive.org/stream/lawtion00unit/lawtion00unit_djvu.txtallowed tribes to perform BIA function=didn’t need permission from BIA to decide programs they wanted.

"henceforth it shall be the policy of the United Stated to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites"

Equal protection clause of 14th amendment does not requre state to provide minority children with bilingual-bicultural educational programs --> court promoting monocultural/monoligual educationmerger of race, gender, & reproductive rights --> Judge Curtis basically blaming the women for their sterilization and refused to consider how the hospital staff had violated their reproductive rights

for congressional action that divested them of their treaty land. Awarded money only. Effect: limit power of congress

EPA will assure that tribal concerns and interests are consideredSCOTUS cases concerning Indians become markedly less favorable to Indiansfor this act, treat tribes as states

defines Indian gaming regulations

To reduce counterfeits & stop deceptions

Mashantucket Pequots open first Indian casino

End of Indian Rights Association, a social activist pro-indian group from 1882

To improve accountability and management of Indian held in trust by federal gov't

reaffirmed that Interior Department can take land into trust for tribesRequires agencies to adopt ‘accountable practice’ and get Indian input for regulatory policies

In case regarding tribal authority of ndn but non-tribal member on land

Actual: raise tax on low-income; increased defense spending; increased federal deficit; increased poverty; increased incarceration of brown peopleEncouraged tribes to mine their lands in a manner that would help them become economically self-sufficientTribe has power to impose a severance tax on mining on reservation. If congress didn’t divest tribe from raising revenue & tribe did so, then should be treated same as any other unit of governmentTribes have authority to create gambling on their land; increased authority to tax, own assets & create judiciaries

States that permitted any form of gambling could not prohibit Indians from operating gambling facilityYurok challenged federal road citing sacred place; SCOTUS said road didn’t violate their religious freedom

‘policy’ to preserve, protect and promote rights and freedoms for Native Americans to use, practice and develop language

http://www.law.cornell.edu/supct/html/96-1577.ZS.html http://www.cobellsettlement.com/docs/99.12.21-memorandum_opinion.pdf NARA + BIA + OST in Lenoxa, Kansas. http://www.doi.gov/ost/records_mgmt/american-indian-records-repository.cfm

http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

Indian Affairs: Laws and Treaties – Compiled and edited by Charles J. Kappler

The Library of Congress, In the spirit of Thomas Jefferson, legislative information from the LoC

Indian Land Tenure Foundation

Indian Law Timeline

Quntard Taylor's U.S. history of slavery timeline

Jeanette Bushnell, PhD, University of Washington, pembina@u.washington.edu

http://naturalresources.house.gov/uploadedfiles/cobellsettlementagreement_120709.pdf

strengthens tribes' legal power in prosecution & punishment of criminals, able to give longer sentences. Emphasizes hiring more BIA & tribal police officers.Government cannot, under 1st Amendment, suppress free speech rights of a corporation (involved constitutional question)police have no personal privacy rights for purposes of Freedom of Information Act (involved meaning of a federal statute)increased criminal justice and legal support for women who live on reservations [also immigrant women]http://www.aisc.ucla.edu/iloc/ http://www.aisc.ucla.edu/iloc/report/index.html

American Indians, American Justice. Austin: University of Texas. The Nations Within: the past and future of American Indian Sovereignty. New York: Pantheon.Tribes, treaties, and constitutional tribulations. Austin: University of Texas Press.

The legal universe: observations on the foundations of American law. Golden: Fulcrum.

http://www.law.asu.edu/library/RossBlakleyLawLibrary/ResearchNow/IndianLawPortal/IndianLawTimeline.aspx

http://faculty.washington.edu/qtaylor/a_us_history/1700_1800_timeline.htm

http://www.doi.gov/ost/records_mgmt/american-indian-records-repository.cfm