LibGuides: American Indian Studies: Decisions & Acts

Summaries of Well-known Decisions & Acts

Boldt Decision: The 1974 Boldt Decision affirmed the right for tribes to fish in their usual and accustomed places, specifically in off-reservation locations. State intervention on fishing rights was limited to special cases or conservation reasons. Pursuing this decision and case was spurred by the Puyallup River fishing protest in the 1960s. [1]

Centennial Accord: Established in 1989, the Centennial Accord affirms a government relationship between the federally recognized tribes of Washington state and the State of Washington. The affirmation of this relationship aspires to improve services to Indian and non-Indian people alike. [2]

Dawes Act: The Dawes Act, or General Allotment Act of 1887 divided reservation land among individuals of the a Tribe, instead of allowing the reservation to manage it as collectively run reservation property. "The remaining land would be opened to white settlement. This resulted in the loss of millions of acres of Indian land." [2] This allocation and subdivision of reservation land resulted in major loss of land to Native Americans as "Reservation land not allotted to individual Indians [was] declared surplus and offered for sale." [3]

Indian Citizenship Act: American Indians gained citizenship and the right to vote after the 1924 Indian Citizenship Act.[2]

Indian Reorganization Act: The Indian Reorganization Act (Wheeler-Howard Act) was passed in 1934 and established governmental structures used by tribes today. "Tribal courts, funds for higher education, tribal council systems and others evolved out of the IRA. It is said to be the most far reaching piece of Indian legislation to impact Native people in contemporary times, and served as the beginnings of Indian self-determination." [2]

Tribal Sovereignty: Sovereignty is defined both as "respect of power, domination, or rank; supreme dominion, authority, or rule" as well as "existing as an independent state."[4] Tribal sovereignty "guarantees a nation the right to govern its own affairs and establish its own laws."[2] The U.S. Constitution recognizes the self-government of tribal nations and their right to do so.

References

The original case on the Boldt decision can be found in NexisUni at United States v. Washington, 384 F. Supp. 312 (W.D. Wash. 1974)
Office of Superintendent of Public Instruction. (2017, March). Since Time Immemorial Bingo - Answer sheet. Since Time Immemorial Curriculum.
Native Voice. (n.d.). 1887: U.S. subdivides reservation land; sells off surplus. Retrieved from https://www.nlm.nih.gov/nativevoices/timeline/373.html
Sovereignty. (2017). In OED Online. Retrieved from www.oed.com/view/Entry/185343

Resources

Native Voices. (n.d.). 1934: President Franklin Roosevelt signs the Indian Reorganization Act. Retrieved from https://www.nlm.nih.gov/nativevoices/timeline/452.html

Legal Documents

American Indian and Alaskan Native Documents in the Congressional Serial Set: 1817-1899
The Serial Set is a compilation of U.S. Congressional publications published by the U.S. Senate and the U.S. House of Representatives about the bills and resolutions involved in lawmaking. It also includes reports of executive departments, government-funded institutions, and other independent organizations.This collection offers detailed contemporaneous documentation of political, military, and governmental activities related to indigenous peoples of the continental United States and Alaskan territory during the 19th century.
American Indian Law: A Beginner's Guide
Discusses American Indian law resources from the three federal government branches, as well as treaties between the United States and American Indian tribes. Although this guide focuses on American federal and tribal laws, researchers who are interested in learning more about the interplay between state laws and American Indian tribes may wish to review some of the resources listed below under the tab “State Law Resources.”
Indigenous Law
The Law Library of Congress collection contains a variety of Indigenous legal materials from the United States and jurisdictions from around the world, including historical constitutions and charters.
National Archives
The National Archives and Records Administration (NARA) is the nation's record keeper. Of all documents and materials created in the course of business conducted by the United States Federal government, only 1%-3% are so important for legal or historical reasons that they are kept by us forever.
Nation to Nation
Created by the Smithsonian National Museum of the American Indian, this website provides access to digitized versions of treaties between the United States and sovereign nations.
Tribal Court Clearinghouse
The Tribal Court Clearinghouse is a comprehensive website established in June 1997 to serve as a resource for American Indian and Alaska Native Nations, American Indian and Alaska Native people, tribal justice systems, victims services providers, tribal service providers, and others involved in the improvement of justice in Indian country. It is one of the most comprehensive websites on tribal justice system issues, and includes a wealth of tribal, state, and federal resources. The Clearinghouse website contains extensive resources on tribal, state, and federal law along with extensive Indian country subject-matter resources, a training events calendar, and resources from all Tribal Law and Policy Institute webinars.