Native American Rights, Federal Government Plenary Power and Land Takings

The United States federal government tried to resolve its bond with many different Native tribes by treaties. The treaties were formal agreements between the United States government and the Native Americans. Treaties were made by the executive branch on behalf of the president and then ratified by the United States Senate. The treaties made it where Native American Indians would give up their rights to hunt and live on huge sections of land that they had inhabited in exchange for trade goods, houses, and assurances that no further demands would be made on the said treaties (NebraskaStudies.Org). The United States broke many treaties between the Native Americans, but there were three major treaties that had an impact on the extinction of the

With the settlement of the American West, I discern that it was not nice to force Native Americans off their land onto reservations. There was a treaty given to the Sioux for the rights to the Black Hills until gold was discovered in the area. The white miners flocked to the territory to get the gold. I don’t think it was right that with the treaty the U.S. government still ordered the Native Americans back to their reservations. With the conflict that occurred between the U.S. Government and the Native American Indian in Battle of the Little Bighorn, also called Custer’s Last Stand, marked a significant victory for the Native Americans and unfavorable for U.S. Army’s defeat. The Native Americans would have to remain in government-controlled reservations.

Tribal sovereignty is a highly debated concept and an important aspect of Native American society. It refers to a tribe’s power to govern itself, manage its membership, and regulate tribal relations. As Joanna Barker stated, “Sovereignty carries the awful stench of colonization.” Tribal sovereignty must be traced to the beginning of colonization in North America. Colonizing nations asserted sovereignty over indigenous people and took away their independent status. The term “tribal sovereignty” carries with it multiples meanings and implications for tribal nations (Cobb, 2005).

When most people hear of Native Americans, they cannot help but think of elaborate headdresses, red skinned warriors, and lively dancing. Although these aspects of Native American culture are fascinating, more important is where they fare in our society 's past and present. Restrictive laws and acts such as the Indian Removal Act, the Indian Reorganization Act, Fort Laramie treaties, and the Trail of Tears forced Native Americans from their lands. When settlers and the American government saw the resistance of Native Americans to forced assimilation, they resorted to racial discrimination and relocation to reservations. This history of discrimination has fueled calls for the United States government to pay reparations and the return of Native Americans to their indigenous lands.

In Chapter 6, Wilkins discusses how the disclaimer clauses. These clauses keep states from exercising authority on Indian land (180). They are an “important but often overlooked tool in the arsenal available to tribes to assert their own sovereignty against state threats” (177). A specific example of a disclaimer clause is Wisconsin’s territorial disclaimer of 1836 which prohibited territories or states from having any authority on Indian land (180). In Native American Church v. Navajo Tribal Council (1959) it was declared that Indian tribes actually have a higher status than states (179). This was a major victory for Indians in their fight for sovereignty. United States v. Rickert (1903) was also a win for sovereignty in that the Court prohibited South Dakota from taxing Indian land (185).After the verdict in Seminole Tribe v. Florida (1996), the balance of power between state and federal government leaned towards the states. Before this, negotiations with tribes had been conducted at the federal level and not with states (187). This was against the idea of sovereignty because now the states had more power over the tribes and could abuse that power for personal gain.

From its birth, America was a place of inequality and privilege. Since Columbus 's arrival and up until present day, Native American tribes have been victim of white men 's persecution and tyranny. This was first expressed in the 1800’s, when Native Americans were driven off their land and forced to embark on the Trail of Tears, and again during the Western American- Indian War where white Americans massacred millions of Native Americans in hatred. Today, much of the Indian Territory that was once a refuge for Native Americans has since been taken over by white men, and the major tribes that once called these reservations home are all but gone. These events show the discrimination and oppression the Native Americans faced. They were, and continue to be, pushed onto reservations,

Power can be viewed as the ability to influence and/or control others. Another flaw about reservations is the fact that they are not totally governed by Native American representatives. The U.S. government actually has tight control over the majority, if not all, reservations (Perry, 2002, p 233). This tight control has left the Native American population powerless in terms of self- regulation. Despite the fact that Native American government do exist,

Native Americans should have their land is because, they have their ancestors souls are there.. Also they remember their history on the land.The best way for the United States for make up for injustices is to return land to Native American

American Indians and Alaskan Natives have a relationship with the federal government that is unique due to the “trust relationship” between the US and American Indians/Alaskan Natives (AI/ANs) who are entitled to health care services provided by the US government by virtue of their membership in sovereign Indian nations. In order to contextualize the complex nature of Indian health programs it is necessary to become versed in the political and legal status of Indian tribes. Through numerous constitutional, legislative, judicial, executive rulings, and orders that were largely associated with the succession of land and subsequent treaty rights; the health care of AI/ANs has been one of many responsibilities guaranteed by the federal government. The foundations of which can be traced back to the year 1787. The ceded land has been interpreted in courts to mean that healthcare and services were in a sense prepaid by AI/AN tribes and 400 million acres of land. The misconception of “free healthcare” and a conservative political disdain from so called entitlement programs have also led to misconceptions regarding the federal government’s responsibility to provide health care and services to AI/ANs. Rhoades (2000) has argued that tribal sovereignty is the overarching principle guiding Indian health care on a daily basis.1 This paper will examine the history surrounding federally mandated healthcare to AI/ANs, pertinent issues of sovereignty, as well as case studies in tribal

The United States perspective on the Native people has drastically changed from President to President. “George Washington originally started the ‘Indian Civilization Campaign’, which encouraged the Native people to adopt Western-European culture along with Christianity.” (Sturgis, pg 5) The United States was to recognize the Native groups as the owners of the land they inhabit, with the rights to sell or retain them. This ideology was later adopted and implemented by Thomas Jefferson who believed that it was, “established by Jus gentium for America, that a white nation settling down and declaring that such and such are their limits, makes an invasion of those limits by any other white nation an act of war, but gives no right of soil against the native possessors.” (Sturgis, pg 5)

. First of all the native americans own all there land before we took their land that only one reason (quote) forced migration and treaty violations.

Long ago on the great plains, the buffalo roamed and the Native Americans lived amongst each other. They were able to move freely across the lands until the white men came and concentrated them into certain areas. Today there are more than five-hundred different tribes with different beliefs and history. Native Americans still face problems about the horrific history they went through and today 's discrimination. The removal of American Indian tribes is one of the most tragic events in American history. There are many treaties that have been signed by American representatives and people of Indian tribes that guaranteed peace and the values of the Indian territories. The treaties were to assure that fur trade would continue without interruption. The American people wanting Indian land has led to violent conflict between the two. Succeeding treaties usually forced the tribes to give up their land to the United States government. There were laws made for Native American Displacement that didn’t benefit the Native Americans, these laws still have long lasting effects on them today, and there was a huge number of Native Americans killed for many reasons.

With the federal government’s support, many Native tribes have constructed Native Governments and Corporations where the rights to land and money are placed to their own responsibility. What this actually means is that the rights of the people’s land and monetary bonds are transferred from governmental trust to

Tribal relations to the United States are similar to that of "a ward and his guardian. ' This sentiment was proclaimed in 1831 in Cherokee Nation V. Georgia. The United States has been attempting to integrate Native populations into the American systems since the first settlements arrived from across the sea. Original tribal status was that of ‘dependent domestic nations’1. Recent history has changed the status of Native America to one of self-determination and sovereignty. This status was not determined by the US Constitution as Native Tribes were sovereign people before Colonialization. The Unites States solidified the direct relationship between the Native Nations and the Federal Government with the Indian Commerce Clause of 1879. The Commerce Clause allowed Congress alone the power to regulate commerce between the United States and the Indian tribes.2 The Marshall Trilogy, Chief Justice Marshall’s Supreme Court cases designated the limits of tribal sovereignty for the Native populations being surrounded by the newly formed United States of America. In the first case, Johnson v. M’Intosh, the Court recognized Indian nations do not have a right to enter into treaties without federal approval.3 In Cherokee Nation v. Georgia, Chief Justice Marshal defined the Indian nations as ‘domestic dependent nations.’4 In the final case, Worcester v. Georgia, the Supreme Court recognized the Native nation’s right to self-govern – releasing any control by the States

The United States Government made treaties with the Native American tribes just to break them and take the Native’s lands. In an attempt to make peace with the Native Americans and to ensure their survival, the U.S made treaties over land claims. These treaties included moving tribes into small sections of land so the whites could civilize the rest. The white’s built telegraphs and railroads on Native American lands, sometimes the land they promised the Native’s they would leave untouched. In