USLaw++NativeAmericansW08Wk6

USLaw++NativeAmericansW08Wk6 - US Law & Native...

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US Law & Native Americans CRM/LAW C158, W ‘08 Week 6 Prof. Justin B. Richland TA: Sam Lane MW: 12:30-1:50 SSL248
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CLASS OUTLINE I. Introduction: The Indian Side of Things. II. Tribal Self-Organization.-- 3 examples: A. The Haudenosaunee (1776) A. The Cherokee (1832) B. The Hopi (1934) I. Tribal “Reorganization” (1920s-1940s) IV. Images of Native Americans and Law: Finish Atanarjuat (2000) Zacharias Kunuk, Dir.
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I. Introduction: The Indian Side of Things I. A quick overview of what we have already covered: A. Who are Indians? : How US culture imagines Indians affects US law. B. The STRUCTURE of US governance of Indians. 3 branches. 1. Federal Government: US Constitution, Art. 1.2.7 Congressional Authority: (Plenary Power) Executive Authority: Executive Orders, Dept. of Interior, BIA Judicial Authority: Power of Judicial Review
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I. Introduction: The Indian Side of Things I. A quick overview of what we have already covered: A. The HISTORY of US governance of Indians: A Policy Trend Model 1. FORMATIVE YEARS (1775-1830s): a. Treaty making b. Marshall Trilogy “Doctrine of Discovery” Federal-Indian Trust Relationship. POLICY TREND : Self-Determination --> Colonial Federalism
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I. Introduction: The Indian Side of Things I. A quick overview of what we have already covered: A. The HISTORY of US governance of Indians: 2. REMOVAL & RESERVATION(1830s-1880s): Indian Removal Act (1830)/Trail of Tears Reservation Policy/ Executive Orders (1850) End of Treaty Making (1871) Major Crimes Act (1885) POLICY TREND: Colonial Federalism --> Colonial Dominion
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I. Introduction: The Indian Side of Things I. A quick overview of what we have already covered: A. The HISTORY of US governance of Indians: 3. ALLOTMENT & ASSIMILATION(1880s-1920s): General Allotment Act (1887) End of Executive Order Reservations (1919) General Citizenship Act (1924) Loss of 85 % value of Indian Lands. POLICY TREND: Colonial Dominion
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I. Introduction: The Indian Side of Things What is missing from this picture? What is usually missing? What was missing from Last of the Mohicans? The Native point of view. How were native nations organized? How were natives viewing US law and policy trends?
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I. Introduction: The Indian Side of Things Must consider Native view before next historical era of Federal Indian Law -- Tribal Reorganization (1920s-1940s). If don’t know how Tribes self-organized, won’t understand full impact of Tribal Reorganization, (as well as Termination, Self-determination)
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II. A. Tribal Self-Organization Tribal Nation Organization: Difficult to generalize 560 + cultures, 800 + languages. nomadic hunting/gathering bands: (Sioux, Apache, Navajo) Semi-nomadic fishing communities (Tlingit, Chumash) Village based agrarian theocracies (Pueblos, Hopi) Complex federations (Haudenosaunee, Cherokee).
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II. A. Tribal Self-Organization Tribal Nation Organization: Difficult to generalize Three examples: each at a different moment in Federal Indian law and policy history.
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USLaw++NativeAmericansW08Wk6 - US Law & Native...

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