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, [email protected]
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, [email protected]
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
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