Tribal Relations Between The United States Essay

An Indigenous People 's’ History of the United States. A history book claimed to go above and beyond what has been stated in text before it. Every page is packed with details and references to other accredited historians, or examples of the mindset that has been historically infused. At first glance you think you already know about the history of the Native Americans. How we saw it fit to take their land, put them on ever shrinking “gifted” lands that would never allow them to strive again. How they are simply a conquered people who fought back and lost. Alas this book takes what you thought you knew and makes it more real, focusing on the unnecessary genocide. Admittedly this book was very difficult for me to read, I found myself trailing off, being confused with the connections. There were however quite a few spots that stuck out to me, especially those we have covered in our race lectures.

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

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.

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).

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 Iroquois Nation was a nation of five tribes, which was comprised of Mohawks, Senecas, Oneidas, Cayugas, and Onondagas. These tribes were originally separated, but later brought together by two Indians named Hiawatha and Deganawidah. Hiawatha seemed to be the spokesman while Deganawidah took on the role as a philosopher. These two men formed a nation where some of the ideas are still intact today.

As American settlers had continued to populate the expansive land the United States of America which had lay before them, the Native Americans, who had resided there for hundreds of years prior to the Revolutionary War, had become increasingly troubled with every passing moment. Soon, they realized, they would be overtaken entirely by the settlers of the newfound nation. As such, in 1830, the Congress of the United States had passed the Indian Removal Act, which had forced all Native American tribes into specially-designated reservations, where their underlying spiritual bonds had effectively been permanently separated. Indeed, the Indian Removal Act had been extremely powerful, but not in ways that had been beneficial to either party. Hence, its passing and subsequent institution, manifested as the infamous Trail of Tears, had been an error on the part of the United States Congress, in all basic aspects of morality, politics, the Constitution, and practicality of survival and thriving. Specifically, moral aspects included concerns relating to driving Native Americans from their long-time homeland without their consent, alongside the breaking of their spiritual statuses. Political perspectives against the Indian Removal Act had revolved around the notions of value, progress, and improvement, paired with the ramifications and intentions of treaties passed by Congress. Constitutional viewpoints had protested against the Act in that they had insisted the lack of reasoned

After the Revolutionary War the Cherokee Nation '"'placed itself under the protection of the United States and agreed to specified boundaries for its territory'"'

The US Supreme Court, in Cherokee Nation v. Georgia, 30 U.S. 5 Pet. 1 1 (1831) declared the Cherokee people to be a “dépendent domestique nation,” allowing a policy of separatism through the reservation system The Cherokee individuals had lived in Georgia and what is currently the southeastern Joined States for many years. In 1542, Hernando

. . regulate commerce with foreign nations and among the several states, and with the Indian tribes.” The Constitution further enumerates these powers denied to the states in Article I section x. The state of Georgia challenged the federal government’s power over states rights, a precursor to the Civil War, when it challenged the trust relationship and the autonomy of the Cherokee. Supreme Court Justice John Marshall in three decisions (Marshall Trilogy) upheld the United States’ federal power, defined the responsibility of the doctrine of federal trust, and clarified the sovereignty of Indian nations: Johnson v McIntosh 1823, Cherokee v Georgia 1831, Worcester v Georgia 1832.

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

Tribal Mentality is good to an exercise community group because its means to be loyal to their group. My opinion is that I think if it benefits cardiovascular injury then it will be important to stay in the program so that you can get better, improve your injury, and health. Perspective two comes to an conclusion of what I agree with that if it helps you enhance your health and support you through the whole thing then it’s good for you. Tribal Mentality means “behaving in which people are loyal to their social group”. Tribal Mentality is good or exercise if you want to focus and give relief to your injury.

In the 19th century the United States federal government had a vision to expand and utilize the country, but the indigenous tribes complicated their plans of expansion. Years of constant “negotiations” with the natives resulted in millions of acres of land evicted from the natives. Assigning tribes to reservations for them to inhabit was the government’s hope of finally avoiding violent and political conflicts with the natives. However, Indian reservations led to controversy and frustration of the natives since they were succumbed to poor living conditions. As years passed federal policies started to change once federal officials and Indian rights organization groups started to recognize that the reservations were unlivable to the people. John

Many of the sources agree that tribal governments should have assumed or inherent adjudicatory power over non-members on tribal land. Indeed, most sources repeat the same arguments with different justifications. There is a major focus on the history of tribal sovereignty and which is important to in how it impacts the impending decision in Dollar General v. Mississippi Band of Choctaw. Several sources focus on Native American tribe’s status, as domestic dependent nations are a major part of how the federal government continues to shrink tribal jurisdiction over non-members on tribal land.

In 1831, Chief Justice John Marshall of the United States Supreme Court wrote that "the relationship of the tribes to the United States resembles that of a ‘ward to its guardian '.” The Court determined that the framers of the Constitution did not really consider the Indians as foreign nations but more as "domestic dependent nation[s]" and consequently the Cherokee Nation [as any other tribe] lacked the standing to sue as a "foreign" nation. Justice Marshall also said; "The court has bestowed its best attention on this question, and, after mature deliberation, the majority is of the opinion that an Indian tribe or nation within the United States is not a foreign state in the sense of the constitution, and cannot maintain an action in the courts of the United States." Marshall attempted to strike a balance between the powers of the federal government, its relationship with Indian nations, and carefully measuring the sovereignty of the Native Americans. But the Seminoles, like all other Indian nations remained landlocked and unable to negotiate with foreign powers, but they could exercise their own constitutional powers that conflicted with the United States Constitution.