1 / 20

Indigenous Peoples and the U.S. Constitution: Past, Present, and Challenges Ahead

Explore the historical relationship between Indigenous Peoples and the U.S. Constitution, from the Haudenosaunee influence to present-day challenges. Discover key legal cases, frontier wars, treaties, and the impact of devolution. Learn about self-determination, assimilation, and the evolving status of Indigenous sovereignty in the United States.

mtapper
Download Presentation

Indigenous Peoples and the U.S. Constitution: Past, Present, and Challenges Ahead

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Constitution of the United States

  2. Constitutional Convention

  3. Constitution • U.S Constitution is derived from Haudenosaunee (or Iroquois Confederacy, aka Six Nations) • Their “Great League of Peace” established a confederacy across the Kanienkehaka (Mohawk), Onondaga, Cayuga, Oneida, Seneca, and Tuscarora Nations • Each Nations maintained its leadership but common issues would be decided by a Grand Council of Chiefs

  4. Constitution

  5. Constitution

  6. Constitution

  7. Constitution • Benjamin Franklin referenced the Iroquois model as he presented his Plan of Union at the Albany Congress in 1754, attended by representatives of the Iroquois and the seven colonies • He invited the Great Council members of the Iroquois to address the Continental Congress in 1776

  8. Indigenous Peoples and the U.S. Constitution • Congress has to power to “regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes” (Article 1, Section 8) • Supreme Court’s Marshall Trilogy • Johnson v. M’Intosh(1823) • Cherokee Nation v. Georgia (1831) • Worcester v. Georgia (1832)

  9. Frontier Wars

  10. Genocide • Indian Removal Acts of 1830 authorized the removal of Indigenous Peoples from their native territories to federal lands west of the Mississippi River • Led to the infamous Trail of Tears where over 4,000 Cherokees died • By 1837, Jackson’s administration had removed 46,000 Indigenous Peoples from their homeland and opening over 22 million acres of land to white settlement

  11. Sovereign Nation Treaty Making to Legislation • Cherokee Tobacco case (1870) • Supreme Court ruled that later congressional statutes trump earlier treaties • Court dealt a kill stroke to negotiating treaty policy making • Congress unilaterally ended the practice of treaty making with Indigenous Peoples the next year

  12. Assimilation: 1887-1933 • Indigenous sovereignty has since experienced increased limitations • Major Crimes Act of 1885 • Ex Parte Crow Dog (1883) • Dawes Act (1887) • to “civilize” Indigenous Peoples by removing their unique culture and heritage • Bureau of Indian Affairs, private organizations, and states began the widespread removal of children from indigenous families until the 1970s

  13. Devolution and Land Acquisition • Public Law 280 (1953) • Concurrent civil and criminal jurisdictions • Congress could extinguish the Indigenous title without being considering a ‘taking’ and having to provide just compensation • Tee-Hit-Ton v. United States (1955)

  14. “Self-determination” and Devolution • Nixon administration unilaterally severed government’s obligations towards many tribes • thereby leaving them subject to state authority • Indian Civil Rights Act (1968) • Indian Gaming Regulatory Act (IGRA) (1988) • California v. Cabazon Band of Mission Indians (1987) • Seminole Tribe v. Florida (1996) • Indian Child Welfare Act (ICWA) (1978) • In Re Adoption of Baby Boy L (1982)

  15. Taking Lands • City of Sherill, New York v. Oneida Indian Nation of New York (2005) • Repurchase of Indigenous lands does not restore tribal sovereignty to that land • Nebraska v. Parker (2016) • Government can take 50,000 acres of reservation land without ‘diminishing’ Omaha reservation

  16. Indigenous Peoples and the U.S. Constitution • Federal devolution to states • eliminates sovereignty • invites conflict • forces Indigenous Peoples to lobby legislatures and seek judicial redress in state courts

  17. Indigenous Peoples and the U.S. Constitution • The shift from federal court jurisdiction to primarily state courts is problematic for Indigenous Peoples • Creates inconsistent precedent • Directly affects indigenous rights • Indigenous claims rarely win at state courts

  18. Indigenous Peoples and the U.S. Constitution • Federal government support of indigenous claims does not improve likelihood to win • Original treaties with Indigenous Peoples does not improve likelihood of securing rights • 370 treaties between the U.S. and Indigenous Peoples • Constitution provides little protection for Indigenous Peoples

  19. Indigenous Peoples and the U.S. Constitution • Indigenous Population • 576 federally recognized tribes in 2016 • 6.8 million Indigenous Peoples • 2% of the population of the U.S. • More than 100,000 Indigenous Peoples in Texas • Anadarko, Apache, Arapaho, Caddo, Cherokee, Cheyenne, Chickasaw, Comanche, Kawakawa, Kiowa, and Shawnee Peoples • Tigua of Ysleta del Sur Pueblo, Mescalero Apache, Tortugas Pueblo, Pima, Suma, Manso, Comanche, Raramuri

  20. Indigenous Peoples and the U.S. Constitution • Thank you! • Questions? Rebecca A. Reid, PhD University of Texas at El Paso rareid@utep.edu

More Related