16. Court action during westward expansion Flashcards
federal government made numerous treaties with NA
NA gave up some of their land/some occasions land given up for other land- new land usually smaller in size and less suited to NA way of life
how NA were mistreated by federal government on many occasions in the 19th century?
federal government broke treaties to satisfy desire of settlers and needs of railway companies.
Policies pursued by federal government met some resistance
Some resistance manifested itself in outbreaks of violence in start of the period (battle of little big horn 1876)
Also challenges to government policy in courts
Cherokees challenges Congress’ right to deny them their rights to live according to their own laws.
when?
1902
Lone Wolf- a Kiowa Chief along with Comanche’s signed treaty with government in 1867.
challenged the governments right to ignore the treaty and hand over millions of acres of land.
when?
1903
1902 / 1903 cases how did court respond
Court upheld Congress right to revoke all treaties.
allowed government to take even more land from NA overturning earlier court decisions that had been supportive of their rights.
courts justification for upholding congress right to revoke all treaties
tribal consent to alter the treaties would hurt the NA
they should assume Congress would act to preserve their needs
how did courts decision to uphold Congress right to revoke all treaties impact NA
significant impact on NA- reports show 90% of land allocated to them lost.
meant NA could appeal only to Congress over land disputes
tendency of unsupportive nature seen by Supreme Court decision 1913
meant in 1921 Pueblo Indians lost much of their lands as they were seen incapable of managing it
State Supreme Courts
each state has its own Supreme Court. final Court for deciding on the legality of state legislation. only if legislation has implications for constitution of USA will it go to Supreme Court and then only if the defeated party appeals
how did court hold back NA rights in first part of period
NA challenged states in West who refused to extend franchise to them that had been guaranteed in 1924 Act
states able to secure upholding of their decisions in State Supreme Courts and impose a range of voting qualification to exclude NA
