Download Major legislation affecting Indian Tribes

Major Legislation and Policies Affecting American Indians
US Constitution: Regulates commerce with Indians and establishes a
nation-to-nation status. The Supreme Court ruled in 1824 that Indians are
“domestic, dependent nations,” subject to the power of the US government.
Indian Removal Act of 1830. Tribes east of the Mississippi were moved to
the west under a "voluntary" program.
As white settlement proceeded west, tribes were forced to sign treaties with
the US government and were confined to reservations in this era, and
became dependent upon the federal government. Treaties are the highest
law of the land and never become “null and void” unless Congress
specifically passes and act to do so. Indians gave up land but reserved land
and the right to hunt and fish in “usual and accustomed places.” The US
government promised education and healthcare for Indians. The Spokane
Tribe signed a treaty with the US in 1855.
The compulsory boarding school program started in this era. Indian
children were taken from their parents and sent to boarding schools that
outlawed their dress, language and religion and tried to replace these with
English, Christianity and Euro-American values.
General Allotment Act of 1887 or The Dawes Act. Divided communally held
reservation land into 125 acre parcels, making Indians individual property
owners and destroying the system of communally held land and seasonal
rounds. This greatly reduced the tribe’s land base, as the “surplus” was sold
by the government to white settlers. Allottees become United States
citizens.
The Citizenship Act of 1924. Confers citizenship upon all Indians born
within the United States. So many Indians volunteered to fight in WWI,
Congress felt it important to give Indians citizenship. Indians have dual
citizenship: they are citizens of the U.S. and their own nations.
Indian Reorganization Act (1928). Tribes should exist indefinitely. This law
protected the Indian land base and ended the process of allotment and
extended the trust period indefinitely.
Freedom from Federal Supervision Act (1953), “Termination Act” - saw the
end of Indians as wards of the U.S. Several tribes were "terminated" by
statute. The US government wanted out of the treaties it made with the
tribes, and moved many Indians off the reservations and into cities. Indians
strongly resisted this Act and was it was rescinded fairly quickly.
American Indian Civil Rights Act (1968). Guarantees US civil rights for
Indians. As an example of an abuse, Indian Health Service doctors
sometimes sterilized Indian women without their knowledge.
Indian Child Welfare Act (1978). Stops the practice of adopting Indian
children out to white families without first trying to find suitable Indian
families for Indian children.
Native America Graves Repatriation Act (1990). Requires museums and
other institutions to inventory their Native American artifacts and requires
the return of skeletons and artifacts to the tribes from which they were
taken.
Indian Gaming Regulatory Act (1998). Allows gambling for Indian tribes
based on agreements tribes make with the State in which they are located.
This has created an economic boon for some tribes, where unemployment
is extremely high.