Outline of United States federal Indian law and policy

The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:

Federal Indian policy – establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Law and U.S. public policy related to Native Americans have evolved continuously since the founding of the United States. David R. Wrone argues that the failure of the treaty system was because of the inability of an individualistic, democratic society to recognize group rights or the value of an organic, corporatist culture represented by the tribes.[1]

U.S. Supreme Court cases

List of United States Supreme Court cases involving Indian tribes

Citizenship

Adoption

Tribal

Civil rights

Congressional authority

Gambling

Hunting and fishing rights

Jurisdiction

Criminal

Federal

Over non-Indians

State

Liquor

Property rights

Allotment

Mineral rights

Reservations

Statutory and treaty interpretation

Taxation

State

Tribal

Tribal sovereignty

Other federal court cases

Legislation
President Andrew Jackson called for an Indian Removal Act in his 1829 speech on the issue.

Executive Orders
  • Executive Order 13007, 1996, Indian Sacred Sites [Clinton]
  • Executive Order 13336, 2004, American Indian and Alaska Native Education [GW Bush]
  • Executive Order 13096, 1998, American Indian and Alaska Native Education [Clinton]
  • Executive Order 13270, 2002, Tribal College Endorsement [GW Bush]
  • Executive Order 13175, 2000, Consultation and Coordination with Indian Tribal Governments [Clinton]
  • Executive Order 13084, 1998, Consultation and Coordination with Indian Tribal Governments [Clinton]
  • Executive Order 13158, 2000, Marine Protected Areas [Clinton]
  • Executive Order 13021, 1996, Tribal Colleges and Universities [Clinton]
  • Executive Order 13107, 1998, Implementation of Human Rights Treaties [Clinton]

Treaties
Indiana Indian treaties

The federal government was in charge of relations with the Indians, and the procedure was to use the treaty making power of the president and the Senate to make formal arrangements. Over 200 treaties were agreed upon by 1840. Gatlin argues that treaties established a procedure that benefited both parties. The federal government was primarily interested in guaranteeing that Indian lands did not fall into private hands, and that it handled all negotiations with the tribes. These negotiations, says Gatlin, strengthened the tribes sense of unity and leadership. The land sales gave the Indians a steady flow of income, and guarantees of federal financial, medical, and educational aid.[2]

Many of the treaties remain in effect and are of special importance regarding federal recognition of tribal status, hunting and fishing rights, rights to protection of sacred properties, rights to water and minerals, and land claims.[3][4] The federal courts have a long, continuous history of litigation on these issues. The Supreme Court endorsed the procedure, with over 300 decisions making reference to Indian treaties after 1799.[5]

Major treaties

Notable people

The following individuals have played an important role in the evolution of Federal Indian Law and Policy through activism, literature and other methods.

  • Hank Adams (Fort Peck Assiniboine-Sioux), Native American rights activist
  • James Anaya is the American James J. Lenoir Professor of Human Rights Law and Policy at the University of Arizona's James E. Rogers College of Law.[6]
  • Clyde Bellecourt (White Earth Ojibwe), co-founder of American Indian Movement
  • Vernon Bellecourt (White Earth Ojibwe), co-founder of American Indian Movement
  • Mary Brave Bird (Brulé Lakota), author and activist
  • Ed Castillo (Luiseño-Cahuilla), Native American activist who participated in the American Indian occupation of Alcatraz in 1969.
  • Ward Churchill, American scholar, author, and political activist.
  • Felix S. Cohen, American lawyer and scholar who made a lasting mark on legal philosophy and fundamentally shaped federal Indian law and policy.
  • John Collier, American social reformer and Native American advocate.
  • Lyda Conley (Wyandot, lawyer and the first woman admitted to the Kansas bar, who fought to retain tribal control of the Wyandot National Burying Ground
  • Elizabeth Cook-Lynn (Crow Creek Lakota), editor, essayist, poet, novelist, and academic.
  • Lucy Covington (Colville), activist for Native American emancipation.[7]
  • Mary Dann and Carrie Dann (Western Shoshone) were spiritual leaders, ranchers, and cultural, spiritual rights and land rights activists.
  • Joe DeLaCruz (Quinault), Native American leader in Washington, U.S., president for 22 years of the Quinault Tribe of the Quinault Reservation.
  • Vine Deloria, Jr. (Yankton Dakota-Standing Rock Nakota, 1993–2005) was an American Indian author, theologian, historian, and activist.
  • Deskaheh (Cayuga, 1873–1925), Haudenosaunee statesman noted for his persistent efforts to get recognition for his people.
  • John EchoHawk (Pawnee), Native American attorney, founder of the Native American Rights Fund, and a leading member of the Native American self-determination movement.
  • Larry EchoHawk (Pawnee), head of the United States Bureau of Indian Affairs, Attorney General of Idaho from 1991 to 1995.
  • Adam Fortunate Eagle (Red Lake Ojibwe), Native American activist and was the principal organizer of the 1969-71 occupation of Alcatraz Island by "Indians of All Tribes."
  • Kalyn Free (Choctaw Nation of Oklahoma), American attorney and former political candidate
  • Suzan Shown Harjo (Cheyenne–Hodulgee Muscogee) is a policy maker, author, legal activist for American Indian rights, and founder of the Morning Star Institute
  • LaDonna Harris (Comanche), activist, founder of Americans for Indian Opportunity, and US vice-presidential candidate.[8]
  • Thomasina Jordan (Wampanoag Nation), fought for the federal recognition of Virginian Indian tribes and served as chairwoman of the Virginia Council on Indians.
  • Ronnie Lupe (White Mountain Apache), chairman of the White Mountain Apache Tribe, land and water rights, endangered species, and tribal sovereignty activist
  • Oren Lyons (Seneca-Onondaga), faithkeeper of the Turtle Clan of the Iroquois Confederacy, Traditional Circle of Indian Elders and Youth, negotiator with national-states on behalf of indigenous nations.
  • Janet McCloud (Tulalip), cofounder of Women of All Red Nations (WARN) and Indigenous Women's Network, advocate for fishing and other treaty rights
  • D'Arcy McNickle (Salish-Kootenai, 1904–1977), educational reformer, instrumental in drafting the "Declaration of Indian Purpose" for the 1961 American Indian Chicago Conference, co-founder of the National Congress of American Indians
  • Wilma Mankiller (Cherokee Nation), community organizer, the first female Principal Chief of the Cherokee Nation.
  • Tina Manning (Duck Valley Shoshone-Paiute, d. 1979), water rights activist and wife of John Trudell
  • Russell Means (Oglala Lakota, b. 1939), member of AIM, actor
  • Carlos Montezuma (Yavapai-Apache), founding member of the Society of American Indians and outspoken opponent of the BIA
  • Richard Oakes (activist), Mohawk Native American activist who promoted the fundamental idea that Native peoples have a right to sovereignty, justice, respect and control over their own destinies.
  • William Paul (attorney), American attorney, legislator, and political activist from the Tlingit nation of southeastern Alaska.
  • Leonard Peltier, activist and member of the American Indian Movement (AIM).
  • Simon Pokagon, member of the Pokagon Band of Potawatomi Indians, author, and Native American advocate.
  • Robert Robideau, American Indian activist.
  • Katherine Siva Saubel, Native American scholar, educator, tribal leader, author, and activist committed to preserving Cahuilla history, culture and language.
  • Redbird Smith, Cherokee traditionalist and political activist.
  • Standing Bear (Ponca, ca. 1834–1908), chief who successfully argued in US District Court case establishing the right of habeas corpus for Native Americans
  • Ralph W. Sturges, American Mohegan tribal chief who helped gain federal recognition for the Mohegan people of Connecticut in 1994.
  • JoAnn Tall (Oglala Lakota), environmental and anti-nuclear activist, co-founder of the Native Resource Coalition
  • Melissa L. Tatum, Research Professor of Law and Associate Director of the Indigenous Peoples Law and Policy Program at the University of Arizona's James E. Rogers College of Law
  • Charlene Teters (Spokane), artist, educator, editor, and founding boardmember of the National Coalition on Racism in Sports and the Media
  • Mel Thom (Walker River Paiute), cofounder of National Indian Youth Council and president of the Southwest Regional Indian Youth Council
  • Susette LaFlesche Tibbles (Omaha-Ponca-Iowa), author and international lecturer about Native American rights and reservation conditions.
  • Thomas Tibbles, journalist and author from Omaha, Nebraska, who became an activist for Native American rights in the United States during the late 19th century and married Susette LaFlesche Tibbles.
  • Catherine Troeh (Chinook), editor, co-founder of American Indian Women's Service League and only woman to serve on the Chinook Tribal Council
  • John Trudell (Santee Dakota), author, poet, actor, musician, and former chairman of the American Indian Movement.
  • Asiba Tupahache, Matinecoc Nation Native American activist from New York.
  • Clyde Warrior, activist for Native American civil rights.
  • Kevin K. Washburn, former federal prosecutor, a trial attorney at the U.S. Department of Justice, and the General Counsel of the National Indian Gaming Commission.
  • Charmaine White Face (Oglala Lakota), spokesperson for the Teton Sioux Nation Treaty Council and coordinator of the Defenders of the Black Hills, which works toward the Fort Laramie Treaties of 1851 and 1868 being enforced. She works in language preservation, land reclamation, and international indigenous human rights.
  • Bernie Whitebear (Colville), American Indian activist, a co-founder of the Seattle Indian Health Board (SIHB), the United Indians of All Tribes Foundation, and the Daybreak Star Cultural Center.
  • Robert A. Williams Jr., an American lawyer who is a notable author and legal scholar in the field of Federal Indian Law, International Law and Indigenous Peoples Rights, and Critical Race and Post Colonial Theory.
  • Sarah Winnemucca (Northern Paiute, 1844–1891), author and lecturer who educated non-natives about conditions in Indian Country and founded a school for native children
  • Zitkala-Sa (Gertrude Simmons Bonnin, Yankton Dakota, 1876–1938), political writer and educator, religious freedom activist

Organizations

The following organizations have played an important role in the evolution of Federal Indian Law and Policy through activism, lobbying, government oversight and education.

Government

Agencies

Rocky Mountain Region Homge Blackfeet Agency Crow Agency Fort Belknap Agency Fort Peck Agency Northern Cheyenne Agency Rocky Boy's Agency Wind River Agency


Nations

Native American advocacy groups and rights organizations
Further information: List of tribal colleges and universities

Events and issues

Literature
  • Canby, William C. Jr. (2009). American Indian Law in a Nutshell. Eagan, MN: West Publishing. ISBN 978-0-314-19519-7.
  • Coggins, George; et al. (2007). Federal Public Land and Resource Law. New York: Foundation Press. ISBN 978-1-59941-163-7.
  • Cohen, Felix S. (2005). Newton, Neil Jessup (ed.). Cohen's Handbook Federal Indian Law 2005 Edition. Newark, NJ: LexisNexis. ISBN 978-0-327-16444-9.
  • Deloria, Vine Jr.; Clifford M. Lytle (1983). American Indians, American Justice. Austin, TX: University of Texas Press. ISBN 978-0-292-73834-8.
  • Duthu, Bruce (2009). American Indians and the Law. New York pp. 91- 115: Penguin Books. ISBN 978-0-14-311478-9.CS1 maint: location (link)
  • Finkelman, Paul; Garrison, Tim Alan (2008). Encyclopedia of United States Indian Policy and Law. Thousand Oaks, CA: Sage Publications. ISBN 1-933116-98-6.
  • Getches, David H.; Wilkinson, Charles F.; Williams, Robert A. (2004). Cases and Materials on Federal Indian Law (American Casebook Series). Eagan, MN: West Publishing. ISBN 0-314-14422-6.
  • Getches, David; et al. (2005). Federal Indian Law. St. Paul, MN: West Publishing. ISBN 0-314-14422-6.
  • Goldberg, Carole; et al. (2011). Indian Law Stories. New York: Foundation Press. ISBN 978-1-59941-729-5.
  • Hays, Joel Stanford. "Twisting the Law: Legal Inconsistencies in Andrew Jackson's Treatment of Native-American Sovereignty and State Sovereignty." Journal of Southern Legal History, 21 (no. 1, 2013), 157–92.
  • Hester, Thurman Lee (2001). Political Principles and Indian Sovereignty. Oxford, UK: Routledge. ISBN 0-8153-4023-0.
  • McCool, Daniel (1987). Command of the Waters: Iron Triangles, Federal Water Development, and Indian Water. Tucson, AZ: University of Arizona Press. ISBN 0-520-05846-1.
  • Morris, Lisa. (2015). Dying in Indian Country. Sisters, OR: Deep River Books. ISBN 978-1-940-26971-9.
  • Pevar, Stephan E. (2004). The Rights of Indians and Tribes: The Authoritative ACLU Guide to Indian and Tribal Rights. New York: New York University Press. ISBN 0-8147-6718-4.
  • Pommershiem, Frank (1997). Braid of Feathers: American Indian Law and Contemporary Tribal Life. Berkeley, CA: University of California Press. ISBN 0-520-20894-3.
  • Prucha, Francis Paul, ed. Documents of United States Indian Policy (3rd ed. 2000)
  • Prucha, Francis Paul. American Indian Treaties: The History of a Political Anomaly (1997) excerpt and text search
  • Prucha, Francis Paul. The Great Father: The United States Government and the American Indians (abridged edition, 1986)
  • Ruppel, Kristin T. (2007). Unearthing Indian Land: Living with the Legacies of Allotment. Tucson, AZ: University of Arizona Press. ISBN 0-8165-2711-3.
  • Scofield, Ruth Packwood. (1992). Behind the Buckskin Curtain. New York: Carlton Press, Inc. ISBN 0-8062-4091-1
  • Wilkinson, Charles (1988). American Indians, Time, and the Law: Native Societies in a Modern Constitutional Democracy. New Haven, CT: Yale University Press. ISBN 978-0-300-04136-1.
  • Wilkinson, Charles (2005). Blood Struggle-The Rise of Modern Indian Nations. New York: W.W. Norton and Company. ISBN 0-393-05149-8.
    • Blood Struggle highlights major events and consequences in American Indian history since the Termination Act of 1953.
  • Wilkinson, Charles (1991). Indian Tribes As Sovereign Governments: A Sourcebook on Federal-Tribal History, Law, and Policy. Stockton, CA: American Indian Lawyer. ISBN 0-939890-07-0.
  • Wilkins, David (1997). American Indian Sovereignty and the U.S. Supreme Court : The Masking of Justice. Austin, TX: University of Texas Press. ISBN 0-292-79109-7.
  • Wilkins, David (2011). American Indian Politics and the American Political System. Lanham, MD: Rowman & Littlefield. ISBN 978-0-8476-9306-1.
  • Robert J. McCarthy, The Bureau of Indian Affairs and the Federal Trust Obligation to American Indians, 19 BYU J. PUB. L. 1 (December, 2004).
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See also

Notes
  1. David R. Wrone, "Indian Treaties and the Democratic Idea," Wisconsin Magazine of History (1986) 70#2 pp 83-106
  2. Jay Gatlin, Private Diplomacy to Private Property: States, Tribes and Nations in the Early National Period," Diplomatic History (1998) 22:1 pp 85-99
  3. Alexandra Harmon, ed., The Power of Promises: Rethinking Indian Treaties in the Pacific Northwest (2008)
  4. Charles E. Cleland, Faith in Paper: The Ethnohistory and Litigation of Upper Great Lakes Indian Treaties (2011) excerpt and text search
  5. Charles D. Bernholz, "American Indian treaties and the Supreme Court: A guide to treaty citations from opinions of the United States Supreme Court," Journal of Government Information (2004) 30#2/3 pp 318-431
  6. "Faculty Profile-James Anaya". Archived from the original on 2015-03-20. Retrieved 2011-05-17.
  7. Ware, Susan (2005-02-09) [2004]. "C". In Stacy Braukman (ed.). Notable American Women: A Biographical Dictionary, Completing the Twentieth Century (Google Book Search). Notable American Women. 5. New York, NY: Harvard University Press. pp. 137–138. ISBN 978-0-674-01488-6. Retrieved 2008-10-20.
  8. Fluharty, Sterling. Harris, LaDonna Vita Tabbytite (1931-)." Archived 2010-06-28 at the Wayback Machine Oklahoma Historical Society's Encyclopedia of Oklahoma History and Culture. (retrieved 16 Sept 2010)
  9. "About AIO". Retrieved 2011-05-19.
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