Indian Land Issues Final Flashcards
What is fractionation?
Fractionation divided up the land and made land management and utilization of land. This occurred after the General Allotment Act of 1887.
The Marshall Trilogy?
John v. McIntosh (1823) - Establishes that we may only hold right of occupancy.
Cherokee Nation v. Georgia (1831) - Establishes that we are “domestic dependents” of the federal government.
Worcester v. Georgia (1832) - defines Indian Nations as “distinct political communities, having territorial boundaries within which their authority is exclusive.”
What was the role of the Dawes Commission?
The Dawes Commission maintains records of names, sex, blood quantum, and census card numbers of each person. Was also in charge of maintaining records of allotments and care files on individuals.
What is the 5th Amendment?
The right to not testify in court, protection against double jeopardy, the requirement of due process of law, and compensation of property confiscated by the government.
What is PL 280?
Gave states certain jurisdiction over Indians in Indian Country, not including taxing properties owned by Indians within the reservation.
What is Indian Country?
Land within the bounds of a reservation.
What is a Land-Grant University? How many types are there?
The Morrill Act of 1862 established land grant universities in areas that did not have higher education institutions. There are 105 public and 7 private.
What is the Curtis Act?
The was an amendment to the Dawes Act and it aimed to break up tribal government and communal lands.
Sovereign Immunity
Sovereign Immunity protects a sovereign from litigation by the subjects of the sovereign. It evolved from English common law, the nature of Sovereign Immunity remains ambiguous.
What is Trust Land?
Trust land is a territory whereby one allows for an entity such as a tribe to hold title to it. Fee land is under complete control of its owner, where the owner be an individual or tribe.
