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Native american civil rights struggles
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Earl M. Maltz is a professor at Rutgers School of Law, who teaches constitutional law, employment discrimination, conflicts of law, and a seminar on the Supreme Court. He has written two books and various articles surrounding the topics of constitutional law, statutory interpretation, the role of the courts and legal history. In his article, “The Fourteenth Amendment and Native American Citizenship,” Maltz argues that the status of Native Americans were considered when writing the Fourteenth Amendment, yet discussions on the topic rarely focus on the role that they played. I think that the topic of Native American citizenship rose separately from African-American citizenship and that Maltz’s use of court cases throughout the text furthered
The article “The Founding Indian Fathers” by Jack Weatherford is about how the Indians contributed to the American Government and how we went off the Indians system. We see how they had a council of each of the separate nations just how we do now. We also followed how one person wasn’t allowed to hold one position and hold another so they wouldn’t be so powerful. Another thing was that in their meetings there were no interruptions when someone was speaking. The caucus was another thing that was copied. One thing that I learned was that the Chiefs of the Indians had nothing to do with the government he was to perform rituals and other ceremonies. I think the authors main point was to show how the American government derived from that of the
The case Worcester v. Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement.
The process of assimilation, as it regards to the Native Americans, into European American society took a dreaded and long nearly 300 years. Initially, when the European’s came to the hopeful and promising land of the “New World”, they had no desire or reason anything but minimal contact with the Indians. However, starting in the 1700s the European colonists population skyrocketed. The need for more resources became evident and the colonists knew they could attain these necessities by creating a relationship of mutual benefit with the Native tribes. The Indians, at first skeptical, however became growingly open to the colonists and the relationship they were looking to attain. Indian furs were traded for colonial goods and military alliances were formed.
The 13th, 14th, and 15th Amendments are the amendments adopted to the United States Constitution after the Civil War. In succession, these amendments were adopted to the Constitution.
In May 1830, Congress passed the Indian Removal Act which forced Native American tribes to move west. Some Indians left swiftly, while others were forced to to leave by the United States Army. Some were even taken away in chains. Andrew Jackson, the seventh president of the United States, strongly reinforced this act. In the Second State of the Union Address, Jackson advocated his Indian Policy. There was controversy as to whether the removal of the Native Americans was justified under the administration of President Andrew Jackson. In my personal opinion, as a Native American, the removal of the tribes was not in any way justified.
A. Plan of the Investigation I. Subject of the Investigation How did the Manifest Destiny ideal affect the Native Americans in the 1830’s? II. Methods a. Research the origins of Manifest Destiny and the history of the Native Americans from 1830 to 1839. There were two websites that were particularly helpful to me. Reliability, how recently it was updated, and how easily it could be edited by Internet users were the main criteria used when selecting a website.
... Over the course of the next century, the 14th Amendment would be used by the Federal government, particularly the Supreme Court, to integrate African Americans and other cultures into the society. This was and is a major step in the evolution of the United States into the melting pot of freedom that it has become known to be.
The thirteenth amendment to the Constitution proclaims that “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” This amendment was the piece of history that abolished slavery and did innumerable things for our country, but it also made room for something now known as black criminality. Through the thirteenth amendment emancipation was born. Through the language of the constitution— “Neither slavery nor involuntary servitude, except as a punishment for crime”, the amendment was able to make loopholes for certain social agendas that led to the opposite of what the amendment intended to do.
The final clause of the first section of the fourteenth amendment explains, "nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." 2 The 1976 ruling of Gregg v....
In the 30 years after the Civil War, although government policy towards Native Americans intended to shift from forced separation to integration into American society, attempts to "Americanize" Indians only hastened the death of their culture and presence in the America. The intent in the policy, after the end of aggression, was to integrate Native Americans into American society. Many attempts at this were made, ranging from offering citizenship to granting lands to Indians. All of these attempts were in vain, however, because the result of this policies is much the same as would be the result of continued agression.
Throughout history, there has been a struggle for equality and justice. The oppression that African Americans have received throughout the generational period in which they first arrived in America has continued to be a raging war. Article I, Section 8 of the American Constitution enabled Congress to have certain rights and authorities over the laws. In the evaluation of the 1700s, 1800s, 1950s, and 1990s, the prolific effects can be seen through specific Congressional Acts.
Contrary to popular belief, discrimination of Native Americans in America still widely exist in the 21st century! So you may ask, why? Well, to answer that one question, I will give you 3 of the countless reasons why this unfortunate group of people are punished so harshly for little good reason. So now, let’s get into it, shall we!
The American Indian Movement was inspired by the success of the Civil Rights Movement. Therefore, they adopted some peaceful practices that worked for the Civil Rights Movement, most of which were protests and marches. However, these while these marches and protests started out tranquil. Though they eventually, when provoked, became and anarchist rebellions; fully fledged with property destruction and violent occupation. The most well-known of AIM’s marches is the Trail of Broken Treaties (a play on the forced long march that the Cherokee made from their homes in the heartland of the South to Oklahoma, called the Trail of Tears). A group of activist left the West Coast and planned to drive all the way to BIA headquarters located in the District of Colombia. AIM let BIA know ahead of time that they were coming, and in the same letter they presented a list of demands the must be met. Things included in this list were:
Justice John Marshall Harlan is a Southerner who defended the rights of African American citizens during the Reconstruction. During the Civil Rights Case of the Reconstruction Era, Justice Harlan defended the fourteen and thirteen amendment and voiced his commitment to equality for African Americans. The amendment states, regarding the rights of colored individuals, that all people of the United States are allowed rights that no state can abridge; “All persons born or naturalized in the United States... are citizens of the United States and of the State wherein they reside. No State shall… deprive any person of life, liberty, or property, without due process of law; nor deny to any person… the equal protection of the laws” (Staff). Regarding the thirteenth amendment, “Neither slavery nor involuntary servitude... shall exist within the United States, or any place subject to their jurisdiction” (13th Amendment).
Will and in this essay the author challenges the citizenship status of children born to illegal immigrants. Will argues that the 14th Amendment, which grants citizenship to any person born in the United States, is being misinterpreted. He explains how this misinterpretation leads to the actual act of illegal immigration. For example, by essentially rewarding the children of illegal immigrants with an American citizenship Will demonstrates how this provides an incentive for illegal immigration. The author makes clear the idea that when the 14th Amendment was written in 1866 it could not have included illegal immigrants since that concept did not exist at that time. He continues by using Indians as an example of people not included in the 14th Amendment since Indians and their children owed allegiance to their tribes. Finally, the author uses a decision by the Supreme Court in 1884 that declared both person and country must consent to the citizenship; therefore, if the source is illegal then the child should not be considered a