TBL Chapter 11

These flashcards cover key terminology and concepts from Chapter 11 of the lecture notes regarding individual rights and Indian law.

Indian preference

A statutory preference in hiring by federal agencies, particularly the Bureau of Indian Affairs, established to support Indian self-government.

Morton v. Mancari (1974)

Supreme Court case that upheld the Indian preference in federal hiring as serving a political purpose, not racial discrimination.

Equal Protection Clause

A section of the Fourteenth Amendment that requires states to provide equal protection under the law to all individuals.

Indian Civil Rights Act of 1968

A federal law that extends many of the protections of the Bill of Rights to tribal governments, though with significant limitations.

Trust Responsibility

The legal obligation of the federal government to protect the interests of American Indian tribes and their members.

Haaland v. Brackeen (2023)

A Supreme Court case that addressed challenges to the Indian Child Welfare Act's preferences in child custody.

American Indian Religious Freedom Act

A statute that aims to protect and preserve the traditional religious practices of Native Americans.

Religious Freedom Restoration Act (RFRA)

A law that prohibits the government from substantially burdening a person's exercise of religion without a compelling interest.

NAGPRA (Native American Graves Protection and Repatriation Act)

A federal law that addresses the rights of Native Americans to their ancestors' remains and cultural items, mandating repatriation.

Indian tribes' sovereignty

The concept that tribes have the right to govern themselves and maintain their own laws and governance structures, separate from state and federal law.

Duro v. Reina (1990)

A Supreme Court decision that limited tribal criminal jurisdiction over nonmember Indians, leading to legislative changes affirming tribal authority.

Santa Clara Pueblo v. Martinez (1978)

A Supreme Court case that upheld tribal sovereign immunity against actions brought under the Indian Civil Rights Act.

Title VII exclusion

The provision in the Civil Rights Act that exempts Indian tribes from being classified as employers subject to the Act.

Cultural patrimony

Objects that hold ongoing historical, traditional, or cultural importance to a Native American group, as defined by federal law.

Lyng v. Northwest Indian Cemetery Protective Association (1988)

A Supreme Court ruling that allowed government land development to proceed even if it would negatively affect Native American religious practices.

Employment Division v. Smith (1990)

A Supreme Court case that ruled against the requirement to accommodate religious practices under neutral laws.