American Indians and the Law: Exploring the Complex Legal History of Native Americans in the United States

The legal history of American Indians in the United States is a complex and often contentious one, marked by broken treaties, Supreme Court rulings, and the ongoing struggle for tribal sovereignty. This article will provide an overview of this complex history, examining the major legal milestones and the impact they have had on the lives of American Indians.

American Indians and the Law (Penguin Library of American Indian History)

by N. Bruce Duthu

4.8 out of 5

Language	:	English
File size	:	761 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	316 pages
Paperback	:	272 pages
Item Weight	:	13.8 ounces
Dimensions	:	6.14 x 0.57 x 9.21 inches
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Treaties and the Recognition of Tribal Sovereignty

One of the most important aspects of the legal history of American Indians is the recognition of tribal sovereignty. This recognition stems from the fact that Native American tribes are considered to be sovereign nations, with their own governments, laws, and cultures. This sovereignty was recognized by the United States government in a series of treaties signed between the two parties.

The first major treaty between the United States and an American Indian tribe was the Treaty of Fort Stanwix, signed in 1768. This treaty established the boundary between the United States and the Iroquois Confederacy, and it recognized the sovereignty of the Iroquois tribes.

Over the next century, the United States government signed a number of other treaties with American Indian tribes. These treaties varied in their terms, but they all generally recognized the sovereignty of the tribes and their right to self-government.

Supreme Court Rulings on American Indian Rights

In addition to treaties, the Supreme Court has also played a major role in shaping the legal history of American Indians. The Court has ruled on a number of cases involving American Indian rights, including cases involving treaty rights, land rights, and religious freedom.

One of the most important Supreme Court rulings on American Indian rights was the case of Worcester v. Georgia (1832). In this case, the Court ruled that the state of Georgia could not regulate the activities of the Cherokee Nation because the Cherokee Nation was a sovereign nation. This ruling helped to establish the principle of tribal sovereignty and the right of tribes to self-government.

Another important Supreme Court ruling on American Indian rights was the case of Johnson v. McIntosh (1823). In this case, the Court ruled that the United States government had the exclusive right to acquire land from American Indian tribes. This ruling had a devastating impact on American Indian tribes, as it allowed the United States government to take control of vast amounts of Indian land.

The Indian Reorganization Act of 1934

In the early 20th century, the United States government began to adopt a new policy towards American Indian tribes. This policy, known as the "Indian New Deal," sought to promote economic development and self-government on Indian reservations.

One of the key pieces of legislation passed as part of the Indian New Deal was the Indian Reorganization Act of 1934. This Act provided for the reorganization of Indian governments and the establishment of tribal councils. It also provided for the establishment of the Indian Claims Commission, which was created to settle outstanding land claims by American Indian tribes.

The Indian Reorganization Act of 1934 had a mixed impact on American Indian tribes. On the one hand, it helped to promote self-government and economic development on reservations. On the other hand, it also led to the loss of traditional tribal ways of life, as the federal government increasingly asserted its control over Indian affairs.

The Termination Policy of the 1950s and 1960s

In the 1950s and 1960s, the United States government adopted a new policy towards American Indian tribes known as the "termination policy." This policy sought to terminate the federal government's trust relationship with Indian tribes and to assimilate American Indians into mainstream American society.

Under the termination policy, the federal government terminated the federal recognition of a number of Indian tribes and sold off their land. This policy had a devastating impact on American Indian tribes, as it led to the loss of land, culture, and self-government.

The Indian Civil Rights Act of 1968

In 1968, Congress passed the Indian Civil Rights Act. This Act prohibited discrimination against American Indians in the areas of voting, jury service, and employment. It also established a number of due process protections for American Indians who are arrested or charged with crimes.

The Indian Civil Rights Act of 1968 was a major step forward in the struggle for American Indian rights. It helped to protect American Indians from discrimination and to ensure that they have the same rights as other Americans.

The Self-Determination and Educational Assistance Act of 1975

In 1975, Congress passed the Self-Determination and Educational Assistance Act. This Act gave Indian tribes more control over the administration of federal programs on reservations. It also provided for the establishment of tribal colleges and universities.

The Self-Determination and Educational Assistance Act of 1975 was a major victory for American Indian tribes. It helped to promote self-government on reservations and to improve the educational opportunities for American Indian students.

The Indian Gaming Regulatory Act of 1988

In 1988, Congress passed the Indian Gaming Regulatory Act. This Act legalized gambling on Indian reservations and established a regulatory framework for Indian gaming.

The Indian Gaming Regulatory Act of 1988 has had a major impact on the economy of Indian reservations. It has created jobs and generated revenue for tribes, which has helped to improve the quality of life for many American Indians.

The legal history of American Indians in the United States is a complex and often contentious one. This article has provided a brief overview of this history, examining the major legal milestones and the impact they have had on the lives of American Indians.

Today, American Indians continue to fight for their rights and their sovereignty. They are working to protect their land, their culture, and their way of life. The legal history of American Indians is still being written, and it is up to all of us to ensure that this history is one of justice and equality.

American Indians and the Law (Penguin Library of American Indian History)

by N. Bruce Duthu

4.8 out of 5

Language	:	English
File size	:	761 KB
Text-to-Speech	:	Enabled
Screen Reader	:	Supported
Enhanced typesetting	:	Enabled
Word Wise	:	Enabled
Print length	:	316 pages
Paperback	:	272 pages
Item Weight	:	13.8 ounces
Dimensions	:	6.14 x 0.57 x 9.21 inches
X-Ray for textbooks	:	Enabled

FREE