The Law Of Indian Law

The history and the establishment of various Indian tribes in America took the path of revolution by human civil rights institutions. The Indian American citizen had to form a movement whose main aim was demand for their rights from the Native Americans and the government by sorting for cultural independent protection, advocating of their human rights and restoration of economic rights. Independence of the human race do not always come as an easy task but is involves a sequence of efforts against the violation of rights by their native colonies.

As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885, the U.S passed the Major Crimes Act2 which gave the Federal Government jurisdiction in Indian Country over major crimes, such as murder, when the defendent was a Native.

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).

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.

For several hundred years people have sought answers to the Indian problems, who are the Indians, and what rights do they have? These questions may seem simple, but the answers themselves present a difficult number of further questions and answers. State and Federal governments have tried to provide some order with a number of laws and policies, sometimes resulting in state and federal conflicts. The Federal Government's attempt to deal with Indian tribes can be easily understood by following the history of Federal Indian Policy. Indians all over the United States fought policies which threatened to destroy their familial bonds and traditions. The Passamaquoddy Indian Tribe of Maine, resisted no less

The existence of the Indian nations as distinct independent communities within the limits of the United States seems to be drawing to a close.... You are aware that our Brethren, the Choctaws, Chickasaws and Creeks of the South have severally disposed of their country to the United States and that a portion of our own Tribe have also emigrated West of the Mississippi--but that the largest portion of our Nation still remain firmly upon our ancient domain....Our position there may be compared to a solitary tree in an open space, where all the forest trees around have been prostrated by a furious

The people of the northern portion of the “Indian Reserve” were given federal legal protections under the Northwest Ordinance Act of 1787 which established a commission to oversee the reserve, outlawed slavery, and provided a means for representative government. Native Americans in the southern portion of the “Indian Reserve” were

One of the Treaties or rules they have to follow is ARTICLE VIII, "If any citizen of the United States, or other person not being an Indian, shall settle on any of the Cherokees’ lands, such person shall forfeit the protection of the United States, and the Cherokees may punish him or not, as they please."' This article or rules shows that the Cherokee tribe will have the power to do with the White settler if they ever step on their land. The treaties unite people together and prevent war from

The United States Supreme Court ruled all Native American tribes had full legal rights to internally govern themselves, manage their affairs, as well as to engage in political and legal relationships with the federal government in the 1830s. Currently the United States Constitution Article I, Section 8, guarantees sovereign rights to the 566 federally recognized Indian nations and federal government laws require that the individual states that have Native Tribes living

Tribal enrollment is just a small portion of the equation but a very important factor to Native American and Alaska Native identity. It is the key to validation and the continued existence to the most documented race in the world. Native Americans and Alaska Natives are the only races that require documentation to prove their racial identity. Tribes are forced to adopt racial codes that

Another factor that affected their survivability is the fact that there were already different tribes of Indians inhabiting the designated Indian Lands. The authors of this appeal argued that the Indians who would become their

Around the 1800s, the Cherokee began taking up the economics and politics of the white settlers around them. Some owned plantations and even kept slaves. Many Cherokee’s embraced “white” names. They developed gradually and became one of the successful tribes in the United States. They form a system by which they were controlled called the Cherokee Nation, which was similar to the United States of America government, which included a Chief , a vice-Chief and 32 Council members. A constitution of code laws also in place. The principal chief is the equivalent to the President, the legislative branch of the tribal council to the supreme court and the house of representatives, and the judicial branch called the tribunal is made up of the three tribal

Forty-eight years ago to date, the American Indian Movement (AIM) was organized. On that same year, Congress enacted the Indian Civil Rights Act. The purpose of the Indian Civil Rights Act was to accomplish two majorly significant points. First, it would ensure Reservation Indians many of the safeguards granted to other citizens by the Bill of Rights. Secondly, it would acknowledge the legitimateness of tribal laws within the reservations. Unfortunately, the American Indian Movement (AIM) and other supporting groups were not content or satisfied with the outcome and as a result created a disagreement and conflict between the two.

Chelsea Carriere Professor Ferruccio Trabalzi Introduction to Anthropology October 13, 2015 The Seven Clans of the Cherokee With over 314,000 recorded members, the Cherokee Nation is the largest federally recognized Native American tribe in the United States. In ancient times, this tribe was just as formidable, having conquered over 135,000 square miles of territory throughout eight states; North Carolina, South Carolina, Georgia, Alabama, Tennessee, Kentucky, Virginia, and West Virginia. Much of the traditional culture remains the same in today’s world though some things have evolved out of necessity to fit modern society (Reese). Despite some of these changes however, the Cherokee nation is working hard to preserve their native traditions

2) What is the Intercourse Act and how does the Americans treat the Indian peoples?