Statutes Flashcards
U.S. Constitution (1789)
U.S. Constitution (1789) gives president treaty making powers with consent of senate and gives Congress power to “regulate commerce . . . with the Indian Tribes”
Trade & Intercourse Act (1790) (1: Land)
Trade & Intercourse Act (1790) (1: Land) T&I Acts Generally prohibits non-Indians from acquiring Indian lands by purchase or treaty, settling on lands, entering for hunting or grazing, subjects trading with tribes to federal regulation, depredations by non-Indians against Indians becomes federal crime and federal compensation provided to victims of depredation if victims took no private revenge
Indian Removal Act (1830) (3: Removal)
Indian Removal Act (1830) (3: Removal) exchange of lands with Indians residing in any states or territories and removal W of Mississippi river
Treaty with the Cherokee (1835) (2: Treaties)
Treaty with the Cherokee (1835) (2: Treaties) Treaty of New Echota – approved by minority of Cherokees – argues treaty does not reflect Cherokee, Senate executes anyways – relocate or stay in Georgia under Georgia law
25 USC § 71 (1871) (2: Treaties)
25 USC § 71 (1871) (2: Treaties) no tribe thereafter to be recognized as independent nation with which U.S. could make treaties, existing treaties not affected
Alaska Organic Act (1884) (22: Alaska)
Alaska Organic Act (1884) (22: Alaska) Created a District of Alaska and established a district court to enforce the laws of the state of Oregon. The Act also designated Alaska a mining District which provided that “the Indians and other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them, but the terms of which such persons may acquire title to such lands is reserved for future legislation by Congress.”
Major Crimes Act (1885) (14: Criminal Jurisdiction I)
Major Crimes Act (1885) (14: Criminal Jurisdiction I) passed in reaction to Ex Parte Crow Dog, puts certain felonies committed by Indians within exclusive jurisdiction of USFG
Dawes Act (1887) (4: Allotment)
Dawes Act (1887) (4: Allotment) - ath’d prez to allot portions of reservation land to iv Indians, title to remain in U.S. in trust for 25 years – upon receiving allotment, alottees became US CZ subject to state and criminal law + ath’d Secretary of Interior to negotiate w/tribes for disposition of “Excess” lands after allotments
Burke Act (1906)
Burke Act (1906) amended Dawes Act to req SOI to designate Indians as “competent and capable” before delivering fee simple patents to allotted land + delayed CZ enfranchisement to after allotment held in trust
43 U.S.C.A. § 150 (1919)
43 U.S.C.A. § 150 (1919) Congress ended practice of treaty making I think by executive order that’s confusing
Citizenship Act/8 U.S.C.A. § 1401 (1924)
Citizenship Act/8 U.S.C.A. § 1401 (1924) conferring citizenship on all Indians born in U.S. – (many already CZ under Allotment Act)
Indian Reorganization Act of 1934 (5: Reorganization)
Indian Reorganization Act of 1934 (5: Reorganization) ended allotment, indefinitely extended period for existing allotments still in trust + ath;d SOI to restore ownership of “surplus” lands AQ’d via allotment act + create new reservations + AQ land and water rights ofr tribe + issue charters of incorporation to petitioning tribes + ath’s tribes to org and adopt constitutions and by laws w/vote of tribal law subject to SOI approval
House Concurrent Resolution 108 (1953) (6: Termination)
House Concurrent Resolution 108 (1953) (6: Termination) goals – “make Indians within territorial limits of U.S. subject to the same laws and entitled to the same privileges and responsibilities as applicable to the other CZ of the U.S.” – terminated small # of tribes
Public Law 280 (1953) (6: Termination)
Public Law 280 (1953) (6: Termination) extended state civil and criminal jurisdiction to Indian country in California, Nebraska, Minnesota, Oregon, and Wisconsin (Alaska added 1958) – and allowed other states to assume such jurisdiction by statute or constitutional amendment
Alaska Statehood Act (1958) (22: Alaska)
Alaska Statehood Act (1958) (22: Alaska) provided that Alaska disclaimed all right and title “to any lands or other property (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts * * * or is held by the United States in trust for said natives.” + Ath’d state to select huge tracts from the vacant public lands within the former Territory.
