NA 2) Federal government attitudes and actions Flashcards
How did the government encourage Manifest Destiny?
1862: Homestead Act; Pacific Railway Act
Granted 155 million acres from 1850-71
Briefly outline the Reservation Policy.
Aim = end nomadic life + separate NAs from buffalo; this would allow the gov. to control them
Defined those living on reservations as ‘wards’ or ‘dependants of the state’
At first, reservations were part of treaties, but in 1871 the NAs lost that right; gov. pursued a more aggressive assimilation policy
Briefly outline the Allotment Policy.
Custer’s defeat made some politicians realise that the Reservation Policy was the cause of unrest; recognition that it failed to assimilate
1887 Dawes Act: introduced the policy; reservation lands divided into homesteads/allotments; did nothing to help c.r. as it continued to ignore their tribal nature
Briefly outline the Termination Policy.
The change in attitude during the New Deal = short lived
Policy introduced as gov. realised that previous policies failed to bring about assimilation
NAs’ land = wanted by mining/forestry companies
Ended recognition of tribes and put forward proposals to end reservation system
Disintegration of what remained of tribal life
Give examples of when government lack of support can be seen at times of economic decline/when gov. faced competing claims for revenue.
<1865, civil war stretched funds
Late 1880s: meat subsidies to Sioux were stopped
WW2 reversed New Deal gains as funding was allocated to war effort
Lack of available funds + attitude of Raegan (Native Capitalism) limited gains of Nixon/Ford as the programmes the introduced depended on federal funding
How did the Roosevelt era of the New Deal advance civil rights?
Changes brought about by New Deal challenge assumption that poor eco. conditions were a sig. factor in gov. unwillingness to support; suggests that attitudes of President + other individuals = more important
John Collier appointed as Commissioner for Indian Affairs
Indian Reorganisation Act helped preserve culture and have NAs right to manage land + mineral assets
Brought end to allotment policy
How did Johnson lay the foundations for development?
March 1969: Spoke to Congress about ‘The Forgotten Americans’ and set out a programme to promote self-help and respect
What were the gains made under Nixon?
Built on ideas expressed by Johnson
Attacked federal programmes designed to help NAs, which had been dominated by white officials
Attacked Termination Policy as it failed to improve their lives
1972 Indian Education Act: increased money available to NA schools; continued by future presidents
Some NA nations that had lost their status regained recognition, which allowed them access to courts to seek redress for their lost rights
Pledge to restore lost lands put into practice
Native American (Louis R. Bruce Jr) appointed Commissioner for Indian Affairs
What was Nixon’s message to Congress in July 1970?
‘American Indians have been oppressed and brutalised…and denied the opportunity to control their own destiny’
What were the gains made under Ford?
1975 Indian Self-Determination Act: tribes could take responsibility for their own education, health, and social service provision; move towards self-sufficiency
1975 Indian Education Assistance Act; greater NA involvement in their children’s educational process
What were the Gains made under Carter?
1978 Native American Religious Freedom Act; right to follow traditional religion + use sacred objects & rituals
1978 Indian Child Welfare Act; regulate forced removal of NA children from their families (social workers throughout 20th C. often viewed NA practices as neglect and had been taking children away.
What do the changes from 1970-8 suggest?
That it was the greatest time of support from presidents for NAs; attitudes of presidents = crucial to development of rights.
One historian: ‘Nixon had probably done more for them, in a short space of time, than any other president.
Briefly outline the three stages in Supreme Court action.
End of 19th C.: gave some rights
Early 20th: Changed attitude - Lone Wolf v. Hitchcock
End of period: more active in upholding policies of gov. that supported NAs; played a crucial role in returning lands
Outline court action during westward expansion.
19th C. - gov. often broke treaties to satisfy desires of settlers
1903: Lone Wolf challenged gov. right to ignore their treaty and ordered millions of acres to be handed over. Court upheld Congress’ right to revoke all treaties; allowed gov. to take away more land.
90% of the land allocated to NAs was lost
SC caused Pueblo Indians to lose much land as they were seen as incapable of managing it
SSC in west imposed voting qualifications to exclude NAs
What was the first major court victory?
Arizona State Court, 1948:
NAs had been refused to be allowed to register to vote
Decision = successfully challenged as a result of the National Congress of American Indians and the American Civil Liberties Union
Despite the victory, other states in west continued to restrict voting rights
Why was the period from 1960s the greatest change in attitude of the Supreme Court towards NAs?
NA activists posed more and more challenges, usually thorugh the ‘Red Power’ movement.
Give three examples of the issues raised by the Native American Rights Fund (NARF) which they put pressure on the Supreme Court.
Restoring tribal sovereignty
Restoring lost land
Reinstating tribes that had been terminated
Regarding the courts, what resulted in considerable progress for NAs?
Combination of pressure from NARF and willingness of the SC to uphold the rights
Outline 1974 Oneida v. Oneida and Madison Counties, New York.
Sued for return of their lands
Court ruled in favour
Increase in no. of tribes trying to regain lands
Outline 1976 Fisher v. Montana.
NA children had often been forcibly removed from their families as part of the ‘Americanisation’ policy
Court decided that tribal courts would decide on adoption
This recognised tribal courts
Outline 1980 United States v. Sioux Nation.
Sioux awarded $123.5 million
Rejected compensation as they wanted the return of their land
As one of the major tribes were entitled to compensation, encouraged others to pursue.
Outline 1982 Seminole Tribe v. Butterworth.
SC gave right to establish gambling enterprises on tribal land
Went against state law, but in doing so, ruled that NAs had their own rights in own lands
Outline 1986 Charrier v. Bell.
SC ruled that remains dug from burial grounds in Lousiana belonged to NAs.
Other states passed laws which protected NA burial grounds
What was the collective result of the 5 main Supreme Court cases?
Established important principles over land claims, the power of tribal courts, & respect for NA culture.
Decisions began the process of the recovery of NA lands, gave tribes self-determination, & showed a greater respect for NA traditions/culture than ever before.
