Constitution, Rights, and Native Americans

Constitution and Rights

Freedom and the Constitution

  • Under the Constitution, anyone (Catholic, Muslim, deist, or even atheist) could become president.
  • Madison was committed to separating church and state and opposed having chaplains in Congress and the military.
  • The Bill of Rights guarantees freedoms of speech, press, and religion (First Amendment).
  • The Bill of Rights initially didn't excite much enthusiasm and was mostly overlooked for many years.
  • In the twentieth century, it became a key part of American freedom.
  • The Bill of Rights helped shape how liberty was understood.
  • Although it only applied to the federal government at first, it reinforced the idea that a powerful national government could threaten freedom.
  • It contributed to the ongoing discussion of freedom in terms of rights.
  • Freedom of speech and the press are essential for a democratic society.
  • Originally seen as privileges for members of Parliament and colonial assemblies, free speech became recognized as a basic right for all citizens.
  • The Bill of Rights established freedom of expression as a key part of American understanding of freedom.

The Bill of Rights

  • The Bill of Rights includes the first ten amendments to the U.S. Constitution.
  • It garnered significant attention during the Civil Rights movements of the 1960s.
  • Civil rights activists and leaders during this time used the Bill of Rights to advocate for social change, guaranteeing freedoms and equality.
  • The Supreme Court played a crucial role in interpreting the Bill of Rights, leading to its increased importance in protecting individual liberties against government overreach.
  • This renewed interest in the Bill of Rights highlighted its role in safeguarding civil liberties and promoting social justice, leading to a deeper understanding of its relevance in American democracy.

Learning Targets & Key Concepts

  • Key Concept 3.3: Migration within North America and competition over resources, boundaries, and trade intensified conflicts among peoples and nations.
  • In the decades after American independence, interactions among different groups resulted in competition for resources, shifting alliances, and cultural blending.
  • Explain the effect American Independence had on American Indian societies.
  • Explain the change over time that occurred between American Indians and the Federal Government following American Independence.
  • Explain the effect of migrant movement westward following American Independence.

"We the People"

  • The debate over who "We the People" (how the constitution begins) is an important theme of American History.
  • Initially, "People" meant only white males.
  • Native Americans and "other persons" (slaves) were mentioned but not given the rights of the constitution.
  • Who is an American, Constitutionally, was supposed to be defined as anyone devoted to the same social values and political institutions (Civic Nationalism).
  • Yet, for much of American history it has been also about race, gender, and birthplace, rather than political allegiance.

Indigenous People in the New Nation

  • The US government from its beginning hoped to encourage westward expansion.
  • Two options:
    • Removal of Native Americans to further western Lands
    • Their incorporation into white "civilized" society.
  • Those tribes that "civilized" found that the efforts still resulted in their removal.
  • Natives should not control land in the west.

Warfare and Treaties

  • Open warfare over Native American lands would become the norm in American History until the late 1800s.
  • States often ignored federal treaties, and conflicts resulted.
  • Most battles ended with Native people being granted "annuity" payments as part of a treaty system.
  • Tribes were given money by the federal government on a yearly basis.
  • This actually puts Native Americans under further control of the US government.