American Indian Laws and Policies: Difference between revisions

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== American Policies Towards Native Americans  ==
== American Policies Towards Native Americans  ==


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*1970-Present -- Self-Determination<br>
*1970-Present -- Self-Determination<br>


== Laws, Court Cases, and Historical Events<br>  ==
== Laws, Court Cases, and Historical Events ==


Some of the significant general laws passed by the federal government of the United States which have affected the records of the American Indians include the following. Of course, the [[American Indian Treaties with the United States|treaties]] between the government and the individual tribes also had a great impact upon the relationships between the specific tribe and the government, and also influenced the records kept.<br>  
Some of the significant general laws passed by the federal government of the United States which have affected the records of the American Indians include the following. Of course, the [[American Indian Treaties with the United States|treaties]] between the government and the individual tribes also had a great impact upon the relationships between the specific tribe and the government, and also influenced the records kept.<br>  
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=== 1934 - ''Wheeler-Howard or Indian Reorganization Act''  ===
=== 1934 - ''Wheeler-Howard or Indian Reorganization Act''  ===


The [[Indian_Reorganization_Act|Indian Reoorganization Act]] provided for the following:  
The [[Indian Reorganization Act|Indian Reorganization Act]] provided for the following:  


1. Ended land allotments and returned unsold lands to the Indians.  
1. Ended land allotments and returned unsold lands to the Indians.  
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2. Authorized tribes to form corporations and launch businesses.  
2. Authorized tribes to form corporations and launch businesses.  


3. Provided for elected tribal councils with significant powers. This represented a reversal from previous policy and the restoration of tribal power.
3. Provided for elected tribal councils with significant powers. This represented a reversal from previous policy and the restoration of tribal power.  


=== 1946 - ''Indian Claims Commission Act''  ===
=== 1946 - ''Indian Claims Commission Act''  ===
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This act provided a means for Indian Tribes to file claims against the federal government. The intent was to allow a five-year window of time for this type of claim. At the conclusion of that time, the tribes would give up their right to bring up that grievance again.  
This act provided a means for Indian Tribes to file claims against the federal government. The intent was to allow a five-year window of time for this type of claim. At the conclusion of that time, the tribes would give up their right to bring up that grievance again.  


Such claims might have included for alleged wrongs suffered between the time of the Revolution and 1946. In most cases, individual tribal members receiving any of the awarded judgments would have been required to prove their relationship to a member of the tribe alive at the time of the event which was the cause of the claim.
Such claims might have included for alleged wrongs suffered between the time of the Revolution and 1946. In most cases, individual tribal members receiving any of the awarded judgments would have been required to prove their relationship to a member of the tribe alive at the time of the event which was the cause of the claim.  


The Commission was adjourned in 1978 by Public Law 94-465, which terminated the Commission and transferred its pending docket of 170 cases to the United States Court of Claims on September 30, 1978. By the time of the Commission's final report, it had awarded $818,172,606.64 in judgments and had completed 546 dockets.
The Commission was adjourned in 1978 by Public Law 94-465, which terminated the Commission and transferred its pending docket of 170 cases to the United States Court of Claims on September 30, 1978. By the time of the Commission's final report, it had awarded $818,172,606.64 in judgments and had completed 546 dockets.  


=== 1953 - Termination Policy, formalized by ''House Concurrent Resolution 108''  ===
=== 1953 - Termination Policy, formalized by ''House Concurrent Resolution 108''  ===


This was a new sharply different policy that ended the Bureau of Indian Affairs (BIA) and all of the programs that went with it. It divided tribal property among the tribes members thus subjecting them to taxation. It also curtailed tribal self government and relocated many Indians to the cities where jobs were available. The Termination policy also ended federal responsibility and social services - education, health and welfare, to the Indians.  
This was a new sharply different policy that ended the Bureau of Indian Affairs (BIA) and all of the programs that went with it. It divided tribal property among the tribes members thus subjecting them to taxation. It also curtailed tribal self government and relocated many Indians to the cities where jobs were available. The Termination policy also ended federal responsibility and social services - education, health and welfare, to the Indians.  
Between the years 1950 and 1960 one-hundred and nine tribes had federal recognition withdrawn. The states with the Tribes most affected: California, Minnesota, Nebraska, Oregon, Utah, and Wisconsin. It is estimated that 13,263 individuals lost Tribal affiliation.
Some tribes are petitioning to be recognized and granted status as a federally recognized Indian Tribe.


=== 1974 - Iroquois Nation vs. The State of New York  ===
=== 1974 - Iroquois Nation vs. The State of New York  ===
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Several Indian nations, most notably in Connecticut and New York, sue to gain autonomy (independence) on tribal reservation land. Indians win these cases paving the way for the creation of gambling operations on reservation land. Today there are casinos on several reservations providing millions of dollars of income for those tribes.  
Several Indian nations, most notably in Connecticut and New York, sue to gain autonomy (independence) on tribal reservation land. Indians win these cases paving the way for the creation of gambling operations on reservation land. Today there are casinos on several reservations providing millions of dollars of income for those tribes.  


== Bibliography ==
== For Further Reading ==


*Cohen, Felix S. "Handbook of Federal Indian Law." Washington, DC:United States Government Printing Office, 1945. Second Printing. [http://thorpe.ou.edu/cohen.html Available online].  
*Cohen, Felix S. "Handbook of Federal Indian Law." Washington, DC:United States Government Printing Office, 1945. Second Printing. [http://thorpe.ou.edu/cohen.html Available online].  
*Kappler, Charles J. ''Indian Affairs: Laws and Treaties''. Washington, DC: United States Government Printing Office. 7 volumes. WorldCat 74490963; {{FHL|53745|title-id|disp=FHL book 970.1 K142i}}. [http://digital.library.okstate.edu/kappler/index.htm Available online].
*Kappler, Charles J. ''Indian Affairs: Laws and Treaties''. Washington, DC: United States Government Printing Office. 7 volumes. WorldCat 74490963; {{FSC|53745|title-id|disp=FS Catalog book 970.1 K142i}}. [https://library.okstate.edu/search-and-find/collections/digital-collections/indian-affairs-laws-and-treaties Available online].
*Johnson, Steven L., ''Guide to American Indian Documents in the Congressional Serial Set: 1817-1899'', Library of American Indian Affairs (New York, New York : Clearwater Publishing, c1977). {{WorldCat|865908163}}; {{FSC|169528|item|disp=FS Library Book 970.1 J637g}}. The guide is mostly a chronological set of citations with a small index. Cites documents primarily about Indian relations with the United States government, that is, Indian affairs rather than descriptions of Indians or Indian life. The largest category is white claims for compensation because of Indian depredations.
 
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