“The greatest danger to American freedom is a government that ignores the Constitution.” – Thomas Jefferson. Since the first contact with the Europeans, native peoples in the U.S have been battling with powerful government bodies and have repeatedly lost. Looking back to even before the founding of the Union, native populations have went to war against the progressive, overpowering and belittling nature of the government and have walked away with disease, famine and useless treaties. It is these bitter roots that have affected the native nations in the U.S even today. Battle scars of decades past can still be seen on reservations throughout the United States. This isn’t a game of finders keepers, there needs to be a fair way to allocate …show more content…
Once people are informed, they can decide to make a change. By exposing the treaty breaches, and understanding how things should be handled, only then can we start to reverse and redact the wrongdoings done by the U.S government. Additionally, supporters like myself of the native nations agree that these treaty breaches are a direct violation of the 1st amendment. The 1st amendment reads, “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.” (2). By neglecting to follow treaties set up to protect Indian land, culture and well- being, the U.S Government is in direct violation of the very systems they fought to create. Yes, separating ourselves from the tyrant of Great Britain is fine and all, but it means nothing if we act the same way as our former crown and oppress and annihilate our native populations.
We all know that as U.S citizens, we must abide and follow the laws written in the Constitution. That being said, when the treaties in the mid 1800’s were written and passed, they allowed certain unalienable rights to federally recognized indigenous nations. These federally recognized tribes were placed on reservations and were allowed to have a separate law system than the state they reside in. However, these nations must still
American Indians have been discriminated against since the Europeans came to North America. They were driven from their homes and forced to surrender their land. They tried to build an alliance with France during the Revolutionary war, but ultimately they were defeated by the English. From then on, they were referred to as “savages”. The Proclamation of 1763 tried to separate the Native American land from the American colonial land. In the end, the American Indians lost their land and were forced to occupy smaller land areas, referred to as reservations, which were given to them through treaties. In 1979, a report from America’s Compliance with Human Rights Accords stated that
The Native Americans have come across long journey of difficult times since the occupation of their land by European settlers. There are still two sides of a coin- a world of civilization and a world of underdeveloped society in this one country- USA. The paradox is that the constitution which seems to be a model of democracy to many nations of the world lacks a lot for not acting accordingly. Those organized and unorganized struggles of Native Americans were challenged by the heavily armed white majority settlers. This history is among the worst American experience because of the massacre and the violation against human right. In order to be heard, they protest, occupy land, and write books. The Native Americans have raised several
By 1940, Native Americans had experienced many changes and counter-changes in their legal status in the United States. Over the course of the nineteenth century, most tribes lost part or all of their ancestral lands and were forced to live on reservations. Following the American Civil War, the federal government abrogated most of the tribes’ remaining sovereignty and required communal lands to be allotted to individuals. The twentieth century also saw great changes for Native Americans, such as the Citizenship Act and the Indian New Deal. Alison R. Bernstein examines how the Second World War affected the status and lives of Native Americans in American Indians and World War II: Toward a New Era in Indian Affairs. Bernstein argues
(Horwitz,2). Now 547 tribes have to wait around to be able to protect those around them. “Can you imagine responding to call where there is clear evidence of a crime committed by an individual and you cannot arrest them? I think the community felt cheated,” Michael Valenzuela, the police chief of the Pascua Yaqui Tribe (Culp-Ressler,1). The quote shows how hopeless those who would normally have power to help can not, and though Native Americans are suppose to have sovereignty it seems to not be a true sovereign nation. If it is a claimed sovereign nation, then congress has to let them deal with all issues on tribal land no matter what the race and right now that is not happening. Once it does, maybe they can be better off and not have to worry as much.
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.
Before reading Joel Spring’s text, Deculturalization and the Struggle for Equality, I assumed by the late 1800s that Native Americans would be allowed to be citizens in the United States. So I was shocked to discover that the first Native Americans were not granted citizenship until 1901. Unfortunately, the only Native Americans to receive citizenship at the time were ones were considered civilized because they adopted European culture (Spring, 2016). It is astonishing to me that our government forced Native Americans to give up their culture and adopt ours if they
Historically, the people of the United States and the Native tribes couldn’t live together, they fought because the two sides competed for superiority. The United States Government sought to put an end to the violent clashes with the American people and the Natives tribes. A resolution was the Indian Removal Act, with this, the United States became safer, wealthier, and stronger; And the Natives, which they saw as inferior, would leave. This Act wasn’t easy for the Native tribes, they left the land their ancestors had built them, and experienced a long road ahead of them to rebuild again.
Knowing some of the issues that Native Americans and the U.S. Government faced back in the 1800’s, believe it or not, there is still some that arise today, along with a lot of other issues that Native Americans have within themselves.
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.
A policy of self-governance would end treaty violation, justly compensate tribes for land, prevent bureaucrats from obstructing the ability of Native Americans to participate in their religion, and prevent the serious cultural loss that may occur if the government continues to use Native American land for self-interested purposes. Arguments that these objectives are unattainable and unfounded do not hold up to analysis. Therefore, to provide a remedy for the ongoing infringement of Native American constitutional rights, Congress should both return non-privately owned land taken in violation of treaties and abolish federal plenary power over tribes, permitting greater self-governance.
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,
An entire body of developed law which followed was ironically referred to as a separate, specific category of laws called AFederal Indian Law@ or ATribal Law@, or just plain A@Indian Law@. These laws and principles were designed to supplement and carry forth the true intent of the treaties, agreements and statutory enactments affecting and involving the AIndians@. However, if that true intent from the government=s perspective, was to complete the long term goal of genocide and total removal of all Indians and Indian interests, the government needed an arsenal of legal weapons to use to carry out that intent. Therefore, AIndian@ Law as a body of ALaw@, is riddled with exceptions, loopholes, clever defenses and principles, complex hidden tricks and judge-made tactical escape hatches. Whereby the government and private wealth interests, are allowed a Alegal@ avenue to circumvent any and all obligations that appeared to be negotiated or agreed to by the Native Americans. These legally created loopholes, exceptions, and devious AIndian law principles@, have been used by the government and its wealthy benefactors or resource-hungry constituents. They have been used with the knowing and willing compliance of the Courts and many judges. With the intent to divest, destroy, manipulate,
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)
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.