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John Locke's view of government
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Indian Sovereignty begins defining the word sovereignty which is a strenuous word to define due to not being touched and has changed over the years. But you may see it through exercising the sovereign powers. The word sovereignty began in Europe with the superior power who was the King they exercised sovereignty with working with their ruler. John Locke and Jacques Rousseau both help develop, define what sovereignty means which John said it comes from the people and Jacques says it comes from the agreement among the people of a nation. Next Sovereignty is never completely independent due to the fact that a strong Nation relies on one another to attain the goal of independence. Sovereignty is the supreme power before nation, government, and …show more content…
The United States have their own power to control the Native Americans and if they want to override any power all they need is a political question, guardian-ward relationship, and plenary power. Congress created different acts to limit the Indian government powers; Indian Trade and Intercourse Act, Indian Removal Act of 1830, Appropriation Act, Major Crimes Act, General Allotment Act, Public Law 280, and Indian Civil Rights Act. Kirke Kickingbird, Lynn Kickingbird, Charles J. Chibitty, and Curtis Berkey stated, U.S. congress can revoke or change the treaties without consent of the other party (2005, 20). The legislation changed the Five Civilized Tribes, by removing the chiefs and sold their buildings which they became assimilated into western society. The Indian Reorganization Act (IRA) did put restrictions on the Native tribes ', but they have aided the Indian sovereignty by stopping the Allotment …show more content…
Under the heading of sovereign powers of Indian Nations, concluded that each tribe granted certain of those powers to the United States government in ex-change for certain benefits and rights. That statement is true, but we have gotten the bad end of that exchange where the federal government is obligated through signing treaties to provide funding for education, health care, and housing. According to Indian Nations in the United States, the health programs have been inadequately funded for many decades Indian people have the worst health status of any group in the country as a result (2007, 7). The Native people has gotten more diseases and health effects due to being exposed to those health problems from Euro-Americans. Today the Native people suffer from those health effects and we do not even have the proper funding when they were the ones who are killing us on a daily basis. I cannot imagine how much of our historical sites and culture has been destroyed since 1492 when Christopher Columbus arrived till 1978 when the first law was passed known as the American Indian Religious Freedom Act. Before that law was passed it is assumed that the first amendment of the U.S. Constitution included the religious freedom rights of Native Americans. But they still passed a remedial law even though those rights were already protected. According to Indians Nations in the United
When the word “Native American” is mentioned, the first thing most people will think of is Indian gaming. As many people know, only Native Americans can conduct gaming while people from other ethnicity cannot. This leads to the belief that it is an indirect way for the American government to repay the tribal government for taking their lands. This is partially true. The right to conduct gaming on reservations begins with the Indian Gaming Regulation Act (IGRA). Since its establishment in 1988, hundreds of tribes are able to negotiate an agreement with the governments to operate casinos on reservation lands. However, this is not the only intention of IGRA. Although Congress says that the real purpose of IGRA is to allow Indians to open casinos so tribes can support themselves, it is merely a set of laws that limits the tribe’s right on gaming.
What should the Indian become?” For over a century at this point, the Americans are still trying to ponder the question and control the life of the different Native American tribe. Interestingly, the board does not call out specific tribes, rather, generalizing all the tribes at the time into one category. As mentioned in class, the United States recognized five tribes as “civilized”. The tribes that the United States specially mentioned were: the Cherokee, Chickasaw, Choctaw, Creek, and the Seminole. Again, the United States government contradicts itself in regards to Indian policy. Since the colonial period, Americans tried to “civilize” all different types of Indian tribes. Fast forward a hundred years, after recognizing these five tribes as civilized, the American government is still trying to control the “destiny” of Indian tribes. The “destiny” that the Board of Indain Commissioners decides is that the Indians should become a citizen of the United States. It seems that the American government could never be satisfied with the policy in which was set before
The American Indians were promised change with the American Indian policy, but as time went on no change was seen. “Indian reform” was easy to promise, but it was not an easy promise to keep as many white people were threatened by Indians being given these rights. The Indian people wanted freedom and it was not being given to them. Arthur C. Parker even went as far as to indict the government for its actions. He brought the charges of: robbing a race of men of their intellectual life, of social organization, of native freedom, of economic independence, of moral standards and racial ideals, of his good name, and of definite civic status (Hoxie 97). These are essentially what the American peoples did to the natives, their whole lives and way of life was taken away,
I wish I could forget it all, but the picture of six-hundred and forty-five wagons lumbering over the frozen ground with their cargo of suffering humanity still lingers in my memory.” He says that he wishes he had not seen what he saw on this trip and he wishes it did not happen. When the Cherokees appealed to the U.S. to protect their land, the Court, led by Chief Justice John Marshall, ruled that the states were not allowed to make laws that govern the Cherokees, only the federal government can. This meant that Georgia laws don’t involve the Cherokees. Many religious groups, like the Quakers, didn’t want to force Native Americans against their will to move from their homelands.
Unfortunately, this great relationship that was built between the natives and the colonists of mutual respect and gain was coming to a screeching halt. In the start of the 1830s, the United States government began to realize it’s newfound strength and stability. It was decided that the nation had new and growing needs and aspirations, one of these being the idea of “Manifest Destiny”. Its continuous growth in population began to require much more resources and ultimately, land. The government started off as simply bargaining and persuading the Indian tribes to push west from their homeland. The Indians began to disagree and peacefully object and fight back. The United States government then felt they had no other option but to use force. In Indian Removal Act was signed by Andrew Jackson on May 18, 1830. This ultimately resulted in the relocation of the Eastern tribes out west, even as far as to the edge of the Great Plains. A copy of this act is laid out for you in the book, Th...
American Indians shaped their critique of modern America through their exposure to and experience with “civilized,” non-Indian American people. Because these Euro-Americans considered traditional Indian lifestyle savage, they sought to assimilate the Indians into their civilized culture. With the increase in industrialization, transportation systems, and the desire for valuable resources (such as coal, gold, etc.) on Indian-occupied land, modern Americans had an excuse for “the advancement of the human race” (9). Euro-Americans moved Indians onto reservations, controlled their education and practice of religion, depleted their land, and erased many of their freedoms. The national result of this “conquest of Indian communities” was a steady decrease of Indian populations and drastic increase in non-Indian populations during the nineteenth century (9). It is natural that many American Indians felt fearful that their culture and people were slowly vanishing. Modern America to American Indians meant the destruction of their cultural pride and demise of their way of life.
In regard to law, Deloria defines the relationship between the US Government and the Indians as paternalistic. The US Government treated and governed the Indians as a father would by providing basic needs but without given them rights. There has been some improvement with the Indian Reorganization Act in 1934. This act allowed the return to local self-government on a tribal level and restored the self management of their assets. By allowing the Indians to self govern it encouraged an economic foundation for the inhabitants of Indian reservations. Unfortunately only a few tribes have fully taken advantage of this act, while others continue to struggle for survival.
The governmental leaders of the United States of America began implementing Indian policies from its inception. As Euro-Americans they expected all non-whites in the U.S. to assimilate into a Euro-American (Christian) lifestyle, without reciprocation or sympathy to the traditions and history of our native people. Our founding fathers and subsequent leaders of the United States at varying times have used suppression, segregation, aggression, and assimilation to manage what they perceived as an Indian problem, and civilize them. The native peoples of North America have responded to these actions by, at times, complying with the U.S. government and allowing themselves to be relocated to other areas of the country leaving behind their ancestral
Deloria defines the relationship between the US Government and the Indians as paternalistic. The US Government treated and governed the Indians as a father would by providing basic needs but without given them rights. There has been some improvement with the Indian Reorganization Act in 1934. This act allowed the return to local self-government on a tribal level and restored the self management of their assets. By allowing the Indians to self govern it encouraged an economic foundation for the inhabitants of Indian reservations. Unfortunately only a few tribes have fully taken advantage of this Act, while others struggle for survival.
The Cherokee Indians, the most cooperative and accommodating to the political institutions of the united states, suffered the worst fate of all Native Americans when voluntarily or forcibly moved west. In 1827 the Cherokees attempted to claim themselves as an independent nation within the state of Georgia. When the legislature of the state extended jurisdiction over this ‘nation,’ the Cherokees sought legal actions, not subject to Georgia laws and petitioned the United States Supreme Court. The case became known as Cherokee Nation vs. Georgia in 1831. Supreme Court Justice John Marshall denied their claim as a republic within Georgia, he then deemed the Cherokee as a ‘domestic dependent nation’. One year later through the case of Worcester vs. Georgia, the Cherokee’s were granted federal protection from the molestation by the state of Georgia. Through the Indian Removal act in 1830 President Andrew Jackson appropriated planning and funding for the removal of Native Americans, Marshall’s rulings delayed this for the Cherokee Nation, and infuriated President Jackson. Marshall’s decision had little effect on Jackson and ignoring this action the president was anxious to see him enforce it.
Through all stages, a conflict existed between the Indigenous peoples and the United States. Under the illusion of forging a new democracy, free of hierarchies and European monarchies, the United States used the plantation labor of enslaved Africans and dispossessed massive numbers of Native peoples from their lands and cultures to conquer this land.15 Many Americans continue to experience the social, political, cultural and economic inequalities that remain in our Nation
The removal of Indian tribes was one of the tragic times in America’s history. Native Americans endured hard times when immigrants came to the New World. Their land was stolen, people were treated poorly, tricked, harassed, bullied, and much more. The mistreatment was caused mostly by the white settlers, who wanted the Indians land. The Indians removal was pushed to benefit the settlers, which in turn, caused the Indians to be treated as less than a person and pushed off of their lands. MOREEE
Towards the development of the United States of America there has always been a question of the placement of the Native Americans in society. Throughout time, the Natives have been treated differently like an individual nation granted free by the U.S. as equal U.S. citizens, yet not treated as equal. In 1783 when the U.S. gained their independence from Great Britain not only did they gain land from the Appalachian Mountains but conflict over the Indian policy and what their choice was to do with them and their land was in effect. All the way from the first presidents of the U.S. to later in the late 19th century the treatment of the Natives has always been changing. The Native Americans have always been treated like different beings, or savages, and have always been tricked to signing false treaties accompanying the loss of their homes and even death happened amongst tribes. In the period of the late 19th century, The U.S. government was becoming more and more unbeatable making the Natives move by force and sign false treaties. This did not account for the seizing of land the government imposed at any given time (Boxer 2009).
Indian policy gradually shifted from this aggressive mindset to a more peaceable and soft line policy. The Indian Wars ended in 1980 with the Battle of Wounded Knee. The battle resulted in over 200 deaths, but also, almost officially, marked a change in Indian policy. Although the change had subtly began before then, policies then became more kind. The Peace Commission created the reservation policy, although this was created 27 years before the Battle at Wounded Knee. The Dawes Severalty Act of 1887 was the greatest of reform efforts. The Act provided the granting of landholding to individual Native Americans, replacing communal tribal holdings. Another policy, the Burke Act of 1906, allowed Indians to become citizens if they left their tribes. Citizenship was eventually granted to all Native Americans in the 1920s.
Over the history of our country Native Americas have long since been oppressed in trying to practice their Native Religions freely, and openly. It wasn’t until the American Indian Religious Freedom Act (AIRFA) of 1978, which “acknowledged the unique nature of Native spirituality” (Limb & Hodge, 2008, p. 618). This law stated that the policy of the United States would be to protect and preserve the right of Native Americans to believe and practice their traditional religions. This was the first major step in the United States history that sought to protect Native Americans and their rights to self-expression of spirituality.