Rights of Native Americans Vocabulary Study Set
Legal History of Native American Citizenship
Pre-Citizenship Status (1800s): During the 19th century, Native American tribes were legally classified as nations. Consequently, individual members of these tribes were not considered citizens of the United States.
Johnson v. McIntosh (1823): This landmark Supreme Court case established that Native Americans did not possess ownership of the land upon which they resided.
Granting of Citizenship: In 1924, the United States Congress formally granted citizenship to Native Americans.
Socioeconomic Challenges on Native American Reservations
Economic Hardship: - Many reservations suffer from high unemployment rates and a scarcity of job opportunities. - There is a high level of dependence on federal funding, which frequently results in widespread poverty within these communities.
Healthcare Disparities: - Access to quality medical care is considered inadequate. - Issues include the underfunding of Indian Health Service (IHS) facilities. - Geographic barriers exist, such as long distances required to travel to medical centers. - Cultural barriers further complicate the delivery of healthcare services.
Housing Issues: - Communities face significant overcrowding. - Living environments often consist of substandard housing conditions. - There is a pervasive lack of affordable housing options for residents.
Education Challenges: - Educational attainment levels are significantly lower than the national average. - Schools located on reservations are often inadequately funded. - The education system contains inherent cultural barriers that impact student success.
Environmental Concerns: - Tribal lands are frequently affected by water contamination and air pollution. - Mining operations on or near tribal lands have significant negative impacts on the local environment.
Land Ownership Complexities: - A major hindrance to economic development and efficient land management is "fractionated ownership." - This occurs when land is divided into very small parcels among numerous different owners.
Social and Mental Health Issues: - Statistics show higher rates of substance abuse, domestic violence, and suicide compared to the general population. - Mental health problems are more prevalent within these communities.
Lack of Infrastructure: - Many reservations suffer from poor quality road systems. - There is limited access to modern necessities like broadband internet. - Public transportation options are largely inadequate.
Historical Trauma: - Native American communities deal with the ongoing psychological and social impacts of forced relocation. - Policies of cultural disruption and forced assimilation have left a lasting negative legacy.
Land Loss and the History of Treaties
Territorial Loss: The United States Government has taken more than $1.5 \text{ billion}$ acres of land from Native Americans.
Functions of Treaties: Between 1778 and 1871, approximately treaties were signed between the U.S. and Native American tribes. These documents were intended to: - Define the legal relationship between the entities. - Establish geographic borders. - Outline specific conditions of behavior.
Treaty Recognition: Treaties served as formal recognition of the United States as a nation. Native American signatories typically signed these documents with an "X."
Provisions and Reservations: Treaties often promised material items such as cash, agricultural equipment, and annuities. When tribes requested to keep a portion of their original land for a permanent home, these areas became known as reservations.
Termination of Treaty-Making: In 1871, Congress officially ended the practice of treaty-making with tribes, citing the continued expansion of white settlers as a primary reason.
The Dakota War of 1862
Overview: Also known as the U.S.-Dakota War, this was a brief but extremely violent conflict in Minnesota between the Dakota tribe and white settlers.
Causes: The primary driver was the United States government's failure to fulfill its treaty obligations. This failure led to widespread starvation among the Dakota people.
Outcome and Execution: The war resulted in a Dakota uprising and concluded with the largest mass execution in the history of the United States. Dakota men were executed by hanging in Mankato, Minnesota.
Forced Removal: Following the conflict, the majority of the Dakota people were forcefully removed from the state of Minnesota.
Native American Boarding Schools and Forced Assimilation
Era of Assimilation: From the 1880s to the 1930s, U.S. government policy focused on the forced assimilation of Native Americans into white society.
Cultural Suppression: Native languages, spiritual beliefs, traditional foods, and family structures were officially labeled as "uncivilized."
Schooling Mechanisms: Both the government and missionaries established schools on and off reservations. Children were often forcefully taken from their families to attend.
Curriculum: Subjects like reading, writing, mathematics, and history were taught strictly from a white perspective. Vocational training was gendered: boys were taught farming, while girls were trained for domestic work.
Physical Transformation and Discipline: Children were forced to cut their hair, wear uniforms, and speak only English. Discipline was often severe, and many students suffered from malnourishment and physical, emotional, sexual, and spiritual abuse.
Legal Mechanisms and Supreme Court Cases
Executive Orders: Defined as a rule or regulation issued by the President that carries the formal status and effect of legislation. The U.S. government shifted to using these after 1871 due to white settler expansion.
Sioux Tribe of Indians v. United States (1942): A significant case regarding tribal legal standing.
United States v. Sioux Nation of Indians: In this Supreme Court case, the court ruled on two major points: - 1. A Congressional law allowing the Sioux to pursue a previously adjudicated claim did not violate the separation of powers doctrine. - 2. The taking of property previously set aside for tribal use requires "just compensation," including interest.
Rejection of Award: As of 2018, the compensation awarded was valued at over . However, the Sioux have refused to accept the money, as doing so would legally finalize the loss of their land.
The Fifth Amendment of the U.S. Constitution
Verbatim Text: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Environmental Conflicts and the Pipeline Protests
Alberta Sand Tar Oil Fields: This location in Canada is a site of major oil extraction; visual evidence shows the total removal of natural landscape for tar sand oil cultivation.
Keystone Pipeline System: A major pipeline network spanning from Edmonton, Alberta, through various U.S. states including Montana, South Dakota, Nebraska, Kansas, Oklahoma, and Texas. Key locations include: - Terminals in Hardisty, Steele City, Cushing, Houston, and Nederland. - The "Keystone XL Project" was a proposed extension that was eventually terminated.
Dakota Access Pipeline (DAPL): - Protests began in 2016 following the issuance of construction permits. - Standing Rock Sioux Tribe: The primary opposition originated from concerns that the pipeline route would pass through sacred Sioux sites and potentially contaminate water. - Scope: The movement became a national phenomenon, drawing indigenous people from across North America. - Legal Outcomes: Lawsuits led to a settlement agreement that blocked unconstitutional provisions in state laws.
Activist Movements for Indigenous Rights
Land Back Movement: This movement advocates for the transfer of decision-making power over land to Indigenous communities. It focuses on the sustainability of Indigenous governance over public lands rather than requesting the vacation of private homes. A key focus is "Black Hills Justice."
American Indian Movement (AIM): - Origins: Founded in Minneapolis, Minnesota, in July 1968 by Dennis Banks, Clyde Bellecourt, and Russell Means. - Initial Focus: Addressed urban issues such as poverty, discrimination, and police brutality. - Goals: Reclamation of tribal land, tribal self-determination, restitution for treaty violations, and ending the racial profiling of Native Americans by police.
AIM Today: The group continues to function as a lobbyist organization. While the specific iteration of the early 1970s has evolved, the movement's legacy remains influential, including active representation at the University of Nebraska-Lincoln.