Indian removal was the United States government policy of forced displacement of self-governing tribes of Native Americans from their ancestral homelands in the eastern United States to lands west of the Mississippi River – specifically, to a designated Indian Territory. The Indian Removal Act, the key law which authorized the removal of Native tribes, was signed by Andrew Jackson in 1830. Although Jackson took a hard line on Indian removal, the law was enforced primarily during the Martin Van Buren administration. After the passage of the Indian Removal Act in 1830, approximately 60,000 members of the Cherokee, Muscogee (Creek), Seminole, Chickasaw, and Choctaw nations were forcibly removed from their ancestral homelands, with thousands dying during the Trail of Tears.
Native Americans, sometimes called First Americans or Indigenous Americans, are the Indigenous peoples of the United States or portions thereof, such as American Indians from the contiguous United States and Alaska Natives. The United States Census Bureau defines Native American as "all people indigenous to the United States and its territories—including Native Hawaiian and Other Pacific Islanders—whose data are published separately from American Indians and Alaska Natives". The US census tracks data from American Indians and Alaska Native separately from Native Hawaiian and Other Pacific Islanders, who include Samoan Americans and Chamorros.
The Cherokee are one of the indigenous peoples of the Southeastern Woodlands of the United States. Prior to the 18th century, they were concentrated in their homelands, in towns along river valleys of what is now southwestern North Carolina, southeastern Tennessee, southwestern Virginia, edges of western South Carolina, northern Georgia, and northeastern Alabama.
Tribal sovereignty in the United States is the concept of the inherent authority of indigenous tribes to govern themselves within the borders of the United States.
Cherokee Nation v. Georgia, 30 U.S. 1 (1831), was a United States Supreme Court case. The Cherokee Nation sought a federal injunction against laws passed by the U.S. state of Georgia depriving them of rights within its boundaries, but the Supreme Court did not hear the case on its merits. It ruled that it had no original jurisdiction in the matter, as the Cherokees were a dependent nation, with a relationship to the United States like that of a "ward to its guardian," as said by Chief Justice Marshall.
Wilma Pearl Mankiller was a Native American activist, social worker, community developer and the first woman elected to serve as Principal Chief of the Cherokee Nation. Born in Tahlequah, Oklahoma, she lived on her family's allotment in Adair County, Oklahoma, until the age of 11, when her family relocated to San Francisco as part of a federal government program to urbanize Native Americans. After high school, she married a well-to-do Ecuadorian and raised two daughters. Inspired by the social and political movements of the 1960s, Mankiller became involved in the Occupation of Alcatraz and later participated in the land and compensation struggles with the Pit River Tribe. For five years in the early 1970s, she was employed as a social worker, focusing mainly on children's issues.
An Indian reservation is an area of land held and governed by a U.S. federal government-recognized Native American tribal nation, whose government is semi-sovereign, subject to regulations passed by the United States Congress and administered by the United States Bureau of Indian Affairs, and not to the U.S. state government in which it is located. Some of the country's 574 federally recognized tribes govern more than one of the 326 Indian reservations in the United States, while some share reservations, and others have no reservation at all. Historical piecemeal land allocations under the Dawes Act facilitated sales to non–Native Americans, resulting in some reservations becoming severely fragmented, with pieces of tribal and privately held land being treated as separate enclaves. This jumble of private and public real estate creates significant administrative, political, and legal difficulties.
The Dawes Rolls were created by the United States Dawes Commission. The commission was authorized by United States Congress in 1893 to execute the General Allotment Act of 1887.
Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups. By contrast, many tribes do not include blood quantum as part of their own enrollment criteria.
Indirect rule was a system of governance used by the British and others to control parts of their colonial empires, particularly in Africa and Asia, which was done through pre-existing indigenous power structures. Indirect rule was used by various colonial rulers: the French in Algeria and Tunisia, the Dutch in the East Indies, the Portuguese in Angola and Mozambique and the Belgians in Rwanda and Burundi. These dependencies were often called "protectorates" or "trucial states". By this system, the day-to-day government and administration of areas both small and large were left in the hands of traditional rulers, who gained prestige and the stability and protection afforded by the Pax Britannica, at the cost of losing control of their external affairs, and often of taxation, communications, and other matters, usually with a small number of European "advisors" effectively overseeing the government of large numbers of people spread over extensive areas.
Jesse Bartley Milam (1884–1949) was best known as the first Principal Chief of the Cherokee Nation appointed by a U.S. president since tribal government had been dissolved before Oklahoma Statehood in 1907. He was appointed by President Franklin D. Roosevelt in 1941, who reappointed him in 1942 and 1943; he was reappointed by President Harry S. Truman in 1948. He died while in office in 1949.
A series of efforts were made by the United States to assimilate Native Americans into mainstream European–American culture between the years of 1790 and 1920. George Washington and Henry Knox were first to propose, in the American context, the cultural assimilation of Native Americans. They formulated a policy to encourage the so-called "civilizing process". With increased waves of immigration from Europe, there was growing public support for education to encourage a standard set of cultural values and practices to be held in common by the majority of citizens. Education was viewed as the primary method in the acculturation process for minorities.
United States v. Kagama, 118 U.S. 375 (1886), was a United States Supreme Court case that upheld the constitutionality of the Major Crimes Act of 1885. This Congressional act gave the federal courts jurisdiction in certain Indian-on-Indian crimes, even if they were committed on an Indian reservation. Kagama, a Yurok Native American (Indian) accused of murder, was selected as a test case by the Department of Justice to test the constitutionality of the Act.
Native American identity in the United States is a community identity, determined by the tribal nation the individual or group belongs to. While it is common for non-Natives to consider it a racial or ethnic identity, it is considered by Native Americans in the United States to be a political identity, based on citizenship and immediate family relationships. As culture can vary widely between the 574 extant federally recognized tribes in the United States, the idea of a single unified "Native American" racial identity is a European construct that does not have an equivalent in tribal thought.
Native American recognition in the United States, for tribes, usually means being recognized by the United States federal government as a community of Indigenous people that has been in continual existence since prior to European contact, and which has a sovereign, government-to-government relationship with the Federal government of the United States. In the United States, the Native American tribe is a fundamental unit of sovereign tribal government. This recognition comes with various rights and responsibilities. The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership. They may form their own government, enforce laws, tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include the same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money.
The Indian Self-Determination and Education Assistance Act of 1975 authorized the Secretary of the Interior, the Secretary of Health, Education, and Welfare, and some other government agencies to enter into contracts with, and make grants directly to, federally recognized Indian tribes. The tribes would have authority for how they administered the funds, which gave them greater control over their welfare. The ISDEAA is codified at Title 25, United States Code, beginning at section 5301.
Cherokee history is the written and oral lore, traditions, and historical record maintained by the living Cherokee people and their ancestors. In the 21st century, leaders of the Cherokee people define themselves as those persons enrolled in one of the three federally recognized Cherokee tribes: The Eastern Band of Cherokee Indians, The Cherokee Nation, and The United Keetoowah Band of Cherokee Indians.
Ex parte Crow Dog, 109 U.S. 556 (1883), is a landmark decision of the Supreme Court of the United States that followed the death of one member of a Native American tribe at the hands of another on reservation land. Crow Dog was a member of the Brulé band of the Lakota Sioux. On August 5, 1881 he shot and killed Spotted Tail, a Lakota chief; there are different accounts of the background to the killing. The tribal council dealt with the incident according to Sioux tradition, and Crow Dog paid restitution to the dead man's family. However, the U.S. authorities then prosecuted Crow Dog for murder in a federal court. He was found guilty and sentenced to hang.
The following outline is provided as an overview of and topical guide to United States federal Indian law and policy:
Clifford M. Lytle was a political scientist, scholar of Native American studies, and legal scholar. He was a distinguished university professor in the department of political science at the University of Arizona. He frequently collaborated with fellow University of Arizona political science professor Vine Deloria Jr.
