Cycles of History
Native
American Tribes - US Government (and State) Relations
February
20, 2019Sovereignty
Day at the Minnesota Capitol was a lesson in the evolving, sometimes
devolving, relations between Native American Tribes and the U.S.
government and state governments. An urgency for understanding the
background of the intergovernmental relations was conveyed by the
intertwined
morning
presentations
from Professor Tadd Johnson (Boise Forte Tribe & University of
Minnesota Duluth) and Rebecca Crooks-Stratton (Shakopee
Mdewakanton Community Secretary/Treasurer).
According
to my
notes, there have been six periods of relations between Native American
Tribes and the U.S. Government (and states): Tribal Nations
(pre-U.S.), Removal, Allotment and Assimilation, Reorganization,
Termination, and Self-Determination.
Under the U.S.
Constitution Article 1, Section 10 -
“No State shall enter any treaty...”
(This comes right after
“no
Person holding any Office... shall... accept any present, Emolument...
of any kind whatever, from any King, Prince, or foreign State.”)
Article 2, Section 2 -
[The
President shall have the Power] “to make Treaties, provided two
thirds of the Senators present concur...”
Article 2, Section 8 -
“The
Congress shall have the Power... To regulate Commerce with foreign
Nations ... and with the Indian Tribes... ”2 - Removal1823
-
Johnson
v. M'Intosh - private citizens could not purchase land from
Native Americans
1831 -
Cherokee
Nation v. Georgia - the Cherokee nation was like a ward to
the United States
1832 -
Worchester
v. Georgia
- laid out the relationship between tribes and the state and federal
governments, stating that the federal government was the sole authority
to deal with Native American Tribes
1871 -
Indian
Appropriations Act - end of treaty making
U.S. House determined it set policy regarding Native Americans
3 -
Allotment and Assimilation Periodboarding
school period - 16 schools in Minnesota
with graveyards next to them for all the children who died of
tuberculosis
1886 -
United
States v. Kagama 1887 -
Dawes Act
- allotment act
land ownership or surplus lands
1889 -
Nelson
Act (MN Gov. Knute Nelson)
timber lands on reservations
lands owned by Diamond Match
1890 - December 29,
1890 -
Wounded
Knee Massacre, Wounded Knee Creek,
SD
1896 - bill of
rights don't apply to natives (until 1968)
1903 -
Lone
Wolf v. Hitchcock (Secretary of Interior)
abrogate a treaty
plenary power
1906 -
Burke Act
- give up lands
2/3rds of Indian land fell into non-Indian hands
WWI
- 9,000-12,000 Native Americans enlisted in the U.S. Army were not U.S.
citizens
1924 - Native Americans are U.S. citizens
(right to vote)
4
- Reorganization1928 - Meriam
Report - Allotments are not working report
1934 -
Indian
Reorganization Act trust
status in perpetuity
encourage
tribes to have constitutions
1941 -
Felix
Cohen, Handbook on Federal Indian Law (pdf)
5
- Termination Period1953 -
Termination
Policy
end many individual tribes - starting with the
Menominee
1953 -
Public
Law 280
criminal laws of 5 states apply to Indians
1956 -
Indian
Relocation Act
move natives from rural to cities (with promises of skills training)
1968
-
Indian
Civil Rights Act
Bill of Rights for Native Americans
1970 - Nixon
tells Congress termination wasn't working
1973 -
Wounded
Knee siege - AIM v.
Richard
Wilson & broken treaties
1973 -
reversed Terminations starting with the Menominee tribe
6
- Self-Determination1975 -
Indian
Self-Determination Act
tribes taking over federal programs
1978 - Santa
Clara Supreme Court
no civil rights cases before the court
1978 -
Indian
Child Welfare Act1987 -
Cabazon
v. California
Native American gaming
1988 -
Indian
Gaming Regulatory Act
class 1 - moccasin games
class 2 - bingo, pull tabs
class 3 - video slots, blackjack
states & tribes regulate
waiver of Johnson Act to allow gambling on reservations
gaming money goes to - tribal governance, charitable operations,
economic opportunity
1990 -
Native
American Graves Repatriation Act
34,000 Native American burial remains & artifacts found in
Smithsonian & other museums
1994 -
Congress makes self-governance the law
close to 50% of tribes are covered
Federally Recognized Indian Tribe List Act
2015
-
MN-Dot
County Road 101 project through Native American burial mounds
2017
-
MN-Dot
Hwy 23 project through a Native American cemetery
When
addressing issues in state departments and the Minnesota Legislature,
remember to consult the tribes.
Music Association: Cher - If I
Could Turn Back TimeThe
picture above shows Speaker of the House of Representatives Melissa
Hortman with 11 Native American tribal leaders:
Kevin Jensvold, Upper Sioux
Community
Charlie Vig, Shakopee Mdewakanton
Shelley
Buck, Prairie Island Indian Community
Robert Larsen, Lower
Sioux Community
Sam Strong, Red Lake Nation
Alan Roy,
White Earth Nation
Cathy Chavers, Boise Forte Band of Chippewa
Melanie
Benjamin, Mille Lacs Band of Ojibwe
Marie Spry, Grand Portage
Band of Lake Superior Chippewa
Faron Jackson of Leech Lake
Band of Ojibwe
Kevin Dupuis, Fond du Lac Band
Tribal
leaders are looking for better relations with Minnesota state and local
governments, respect of tribal sovereignty, treaties honored,
as well
as issues specific to individual tribes, such as foster care on
the Grand Portage reservation.
Music Association: Northern Wind
- Campfire
Music
VideosLandmine
HopscotchSupermanImpact
InvestingHoliday
Gifs of Cats and Kittens Part 1
Part 2
Part
3 Part
4 Part
5
Southdale
Hennepin Library Edina LibraryWonder
WomanFood
Fraud