United States on Indigenous People - Legal studies

Weijian, Ienash, Nick
 Native Americans in the United States are on
Indigenous peoples from the regions of North
America, including continental Untied States, Alaska
and the islands of Hawaii.
 During colonisation, British crown dealt with
Native Americans as sovereign nations, entering
treaties with various tribes
 Overtime, the attempt of the British Crown to
protect native Americans was not successful
 After independence, Natives became a matter for
the new federal government, not Indigenous states
 Key policy up to 1820’s – try to separate First Nations
and non-First nations or non-Indian people
 Tensions increased for demand on land
 US Congress decided to remove Native American
tribes to land beyond the Mississippi River
 Legal Doctrine was established in Supreme Court
through three cases that defines the right and
jurisdiction of First Nations people
 Gave these cases the status of ‘domestic dependent
 Decisions not popular with Congress and
President Andrew Jackson, therefore were ignored
 Pressure on Federal Government increased to
release more land to settlers, policy of restricting
tribes to reservations developed
 1871, Congress passed legislations that stated that
no tribe would be recognised an independent
 Reservations intended to keep First Nations people
separated from rest of population
 Reservations were then noticed to be useful in
‘civilising’ the First Nations People
 1887, General Allotment Act passed
 Legislation gave land to Native people in hope they
will break out of poverty and simulate them into
American Culture
 Effect of Allotment Act was a decline in the total
amount of First Nations held land
 Of land that remained, most was desert areas
 Indian Reorganisation Act 1934, was a sharp change in
policy direction
 Protect the land base if First Nations people and to
allow them to set up legal structures to assist with selfgovernment
 1953, Congress adopted policy of ‘termination’
 Intended to make Indians obtain same laws and
privileges as other US citizens
 Bureau of Indian Affairs was encouraging First
Nations peoples to leave reservations and ‘relocate’
 Grants were offered to Indians who left the
metropolitan areas
 Indian Civil Rights Act 1968 passed by Congress
 Required tribal governments to ensure they acted
consistently with Bill of Rights
 Combination of tax advantages and jurisdictions
ensured socio-economic and cultural benefits for
members of first nations
 Supportive of comprehensive policy on Native
 Support for tribal sovereignty and belief that the
government should honour it’s treaty obligations
 ‘American Indian Policy Advisor’ is adopted to
ensure direct link between native Americans and
the White House
 He will host a ‘Tribal G8’ which is an annual
meeting with Native American leaders to develop
a national Indian policy agenda