Treaties, Court Cases, Eras, Terms

Front 1

Proclamation of 1763

Back 1

Indians are their own entity, first use of the term "indian country", law of the indian applies west of appalachians, indian people owning and occupying their land with their own laws, entitled, AQUIRING OF THIS LAND WAS BTW TRIBES AND GOV, not private contracts, occurred after the French and Indian War

Front 2

1787 Northwest Ordinance

Back 2

first full statement of US Indian policy, good faith observed towards indians, lands/ properties never taken without their consent

Front 3

Treaty of 1836

Back 3

Menominee tribe ceding land to US

Front 4

Treaty of 1837

Back 4

Indians didn't have right tot their land, American gov wanting land for lumbering

Front 5

1842 treaty

Back 5

btw gov and ojibwe, had rights of occupancy to fish, hunt, etc but ceded land for mining, could b removed by the president

Front 6

1850 Removal

Back 6

order to move Indians to reservations

Front 7

1854

Back 7

reservations made

Front 8

Cherokee Nation vs Georgia

Back 8

1831- declared Indians "domestic dependent nations"

Front 9

The Trust Doctrine

Back 9

a ward to its guardian, indians and US, CN distinct political society separate, capable of managing own affairs

Front 10

Commerce Clause

Back 10

Article 1 of Constitution, indian tribes separate and not us citizens

Front 11

Worcester v Georgia

Back 11

1832- Worcester missionay in Cherokee nation, Georgia mad, end result: GA does not have the authority to impose its laws w in the omits of CN, CN has own laws, federal gov has supreme power in this situation, state has no authority w in indian affairs

Front 12

Trail of Tears

Back 12

1838, part of the indian removal policies

Front 13

Indian Removal Act

Back 13

1830- he law authorized the president to negotiate with southern Indian tribes for their removal to federal territory west of the Mississippi River in exchange for their ancestral homelands.

Front 14

1871

Back 14

no more treaties, doesn't end previous treaties, treaties acknowledge war can begin

Front 15

Crow Dog/ Spotted Tail

Back 15

1883- tribes retain exclusive jurisdiction, crow dog killed spotted tail, state tried to punish him,, already settled btw the tribes, led to the Major Crimes Act

Front 16

Major Crimes Act

Back 16

federal gov takes jurisdiction over murder, slaughter, rape, etc btw triable members

Front 17

1837 Land cessions

Back 17

treaty- right to land during the pleasure of the president, unclear to indians

Front 18

1842 land cession treaty

Back 18

implies indians will continue to live there until president wants them to move, all land cessions btw federal gov and tribes

Front 19

Self determination policy

Back 19

1970- we've been trying to erase tribes, we will stop

Front 20

AIM

Back 20

American Indian Movement, 1960s activism, 'wounded knee occupation,

Front 21

Great Lakes Indian Fish and Widlife Commision

Back 21

1984, indian DNR

Front 22

Johnson vs Macintosh

Back 22

1823- decision of the US SC that held that private citizens couldn't purchase lands from NA

Front 23

Voigt Case

Back 23

1983, concerning chippewa fishing rights according to 1837 and 1842 treaties

Front 24

Lonewolf/ Hitchcock

Back 24

1903- plenary power of the US congress gave it authority to go back on treaty obligations

Front 25

Eras of Federal Indian Policy

Back 25

Trade and Intercourse Era 17802- 1830s

Removal Era 1830s- 1850s

Reservation Era 1850s- 1880s

Allotment and Assimilation 1880s- 1934

Indian Reorgnization 1934- 1945

Termination 1945- 60s

Self Determination 60s- present

Front 26

Resolution 108

Back 26

1953- abolish federal supervision, indians subject to ny laws such as a US citizen, indians see this as violation

Front 27

Indians Claims Commission

Back 27

created in 1946, failures to fed gov to fulfill treaty rights, government pays

Front 28

Public Law 280

Back 28

1953- enabled states to assume criminal as well as civil jurisdiction in matters involving indians on reservation land to six states

Front 29

Indian Child Welfare Act

Back 29

1978- goal to protect family, children, a federal law that seeks to keep American Indian children with American Indian families. Congress passed ICWA in 1978 in response to the alarmingly high number of Indian children being removed from their homes by both public and private agencies. The intent of Congress under ICWA was to "protect the best interests of Indian children and to promote the stability and security of Indian tribes and families" (25 U.S.C. § 1902)

Front 30

Indian Gaming Reg Act

Back 30

1988- indian tribes have right to regulate gaming if gaming is not prohibited in the satte

Front 31

Indian Gaming Commision

Back 31

1988, defines classes of gaming, where it can take place, penalties, use of revenue

Front 32

Dawes Act

Back 32

1887, General Allotment Act- authorized the President of the United States to survey American Indian tribal land and divide it into allotments for individual Indians/ owners. purpose? assimilation

Front 33

Voigt Decision

Back 33

that ruling confirmed that the 1837 and 1842 treaties between the United States and the Ojibwe guaranteed Ojibwe rights to hunt and fish off-reservation without regulation by the State of Wisconsin.