Background
On appeal from the United States District Court for the Western District of Oklahoma, the appellants, federally recognized Native American Tribe and the Secretary of the Interior, challenged a judgment of the United States District Court for the Western District of Oklahoma granting appellee, unrecognized Native American tribe, an injunction in an action seeking a declaration that appellee's exclusion from an award violated the United States Fifth Amendment Due Process Clause.
The Delaware Indians, who originally resided in the Northeastern United States, were gradually forced to move westward in the 19th century, and the tribe became geographically scattered. One group, the Cherokee Delawares, which initially had settled on a Kansas reservation as part of the tribe's main body, eventually moved to "Indian Country" in Oklahoma, became assimilated with the Cherokees, and is today a federally recognized tribe. Another group, the Absentee Delawares, which never joined the main body in Kansas but migrated to Oklahoma and settled with the Wichita and Caddo Indians, is also a federally recognized tribe. A third group, the Kansas Delawares, lived with the main body on the Kansas reservation but remained in Kansas when the Cherokee Delawares moved to Oklahoma; under an 1866 treaty, the Kansas Delawares elected to become UScitizens and to receive individual parcels of land in Kansas but had to dissolve their relationship with the tribe and participate in tribal assets only to the extent of a "just proportion" of the tribe's credits "then held in trust by the United States;" and the descendants of this group are not a federally recognized tribe.
The funds were being distributed to redress the breach of a tribal land treaty and appellee alleged that its exclusion violated its equal protection rights under the Due Process Clause of the Fifth Amendment. The district court rendered judgment in favor of appellee and enjoined further distributions. The appellate court affirmed and appellants sought review. The Court reversed, ruling that Congress's omission of appellee from the distribution did not offend due process and but tied rationally to the fulfillment of Congress' unique obligation toward the Indians.
The appellee was not a recognized tribal entity but was simply individual Indians with no vested rights in any tribal property. The statute distributed tribal, not individually-owned, property. The appellee had previously been excluded from a distribution of tribal assets. Congress deliberately limited the distribution under the statute to avoid problems that might attend a wider distribution.
The question was whether the Kansas Delawares were denied equal protection of the laws in violation of the Due Process Clause of the Fifth Amendment.
The Kansas Delawares were excluded from the distribution of funds authorized by an Act of Congress, whixhprovided for distribution of funds only to the Absentee Delawares and Cherokee, pursuant to an award by the Indian Claims Commission, to redress a breach by the United States of an 1854 treaty with the Delaware tribe.
The Indian Territory and the Indian Territories are terms that generally described an evolving land area set aside by the United States government for the relocation of Native Americans who held original Indian title to their land as a sovereign independent state. The tribes ceded land they occupied in exchange for land grants in 1803. The concept of an Indian Territory was an outcome of the U.S. federal government's 18th- and 19th-century policy of Indian removal. After the American Civil War (1861–1865), the policy of the U.S. government was one of assimilation.
The term Five Civilized Tribes was applied by European Americans in the colonial and early federal period in the history of the United States to the five major Native American nations in the Southeast—the Cherokee, Chickasaw, Choctaw, Muscogee, and Seminoles. Americans of European descent classified them as "civilized" because they had adopted attributes of the Anglo-American culture. Examples of such colonial attributes adopted by these five tribes included Christianity, centralized governments, literacy, market participation, written constitutions, intermarriage with white Americans, and chattel slavery practices, including purchase of enslaved African Americans. For a period, the Five Civilized Tribes tended to maintain stable political relations with the European Americans, before the United States promoted Indian removal of these tribes from the Southeast.
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.
The Shawnee are an Indigenous people of the Northeastern Woodlands. Their language, Shawnee is an Algonquian language.
The Wyandotte Nation is a federally recognized Native American tribe headquartered in northeastern Oklahoma. They are descendants of the Wendat Confederacy and Native Americans with territory near Georgian Bay and Lake Huron. Under pressure from Haudenosaunee and other tribes, then from European settlers and the United States government, the tribe gradually moved south and west to Michigan, Ohio, Kansas, and finally Oklahoma in the United States.
The Delaware Nation,, based in Anadarko, Oklahoma is one of three federally recognized tribes of Delaware Indians in the United States, along with the Delaware Indians based in Bartlesville, Oklahoma and the Stockbridge–Munsee Community of Wisconsin. Two Lenape First Nations are in Ontario, Canada.
The Shawnee Tribe is a federally recognized Native American tribe in Oklahoma. Formerly known as the Loyal Shawnee, they are one of three federally recognized Shawnee tribes. The others are the Absentee-Shawnee Tribe of Indians of Oklahoma and the Eastern Shawnee Tribe of Oklahoma.
The Cherokee Nation, also known as the Cherokee Nation of Oklahoma, is the largest of three Cherokee federally recognized tribes in the United States. It includes people descended from members of the Old Cherokee Nation who relocated, due to increasing pressure, from the Southeast to Indian Territory and Cherokee who were forced to relocate on the Trail of Tears. The tribe also includes descendants of Cherokee Freedmen, Absentee Shawnee, and Natchez Nation. As of 2023, over 450,000 people were enrolled in the Cherokee Nation.
The Absentee Shawnee Tribe of Indians of Oklahoma is one of three federally recognized tribes of Shawnee people. Historically residing in what became organized as the upper part of the Eastern United States, the original Shawnee lived in the large territory now made up of Pennsylvania, Kentucky, Tennessee, Ohio, Indiana, Illinois, and neighboring states. In total, they occupied and traveled through lands ranging from Canada to Florida, and from the Mississippi River to the eastern continental coast.
Indian termination is a phrase describing United States policies relating to Native Americans from the mid-1940s to the mid-1960s. It was shaped by a series of laws and practices with the intent of assimilating Native Americans into mainstream American society. Cultural assimilation of Native Americans was not new; the belief that indigenous people should abandon their traditional lives and become what the government considers "civilized" had been the basis of policy for centuries. What was new, however, was the sense of urgency that, with or without consent, tribes must be terminated and begin to live "as Americans." To that end, Congress set about ending the special relationship between tribes and the federal government.
Talton v. Mayes, 163 U.S. 376 (1896), was a United States Supreme Court case, in which the court decided that the individual rights protections, which limit federal, and later, state governments, do not apply to tribal government. It reaffirmed earlier decisions, such as the 1831 Cherokee Nation v. Georgia case, that gave Indian tribes the status of "domestic dependent nations," the sovereignty of which is independent of the federal government.
The Cherokee Freedmen controversy was a political and tribal dispute between the Cherokee Nation of Oklahoma and descendants of the Cherokee Freedmen regarding the issue of tribal membership. The controversy had resulted in several legal proceedings between the two parties from the late 20th century to August 2017.
Morton v. Mancari, 417 U.S. 535 (1974), was a United States legal case about the constitutionality, under the Fifth Amendment, of hiring preferences given to Indians within the Bureau of Indian Affairs. The Supreme Court of the United States held that the hiring preferences given by the United States Congress does not violate the Due Process Clause of the Fifth Amendment.
The Delaware Tribe of Indians, formerly known as the Cherokee Delaware or the Eastern Delaware, based in Bartlesville, Oklahoma, is one of three federally recognized tribes of the Lenape people in the United States, the others being with the Delaware Nation based in Anadarko, Oklahoma, and the Stockbridge-Munsee Community of Wisconsin. More Lenape or Delaware people live in Canada.
The United States was the first jurisdiction to acknowledge the common law doctrine of aboriginal title. Native American tribes and nations establish aboriginal title by actual, continuous, and exclusive use and occupancy for a "long time." Individuals may also establish aboriginal title, if their ancestors held title as individuals. Unlike other jurisdictions, the content of aboriginal title is not limited to historical or traditional land uses. Aboriginal title may not be alienated, except to the federal government or with the approval of Congress. Aboriginal title is distinct from the lands Native Americans own in fee simple and occupy under federal trust.
Oklahoma Tribal Statistical Area is a statistical entity identified and delineated by federally recognized American Indian tribes in Oklahoma as part of the U.S. Census Bureau's 2010 Census and ongoing American Community Survey. Many of these areas are also designated Tribal Jurisdictional Areas, areas within which tribes will provide government services and assert other forms of government authority. They differ from standard reservations, such as the Osage Nation of Oklahoma, in that allotment was broken up and as a consequence their residents are a mix of native and non-native people, with only tribal members subject to the tribal government. At least five of these areas, those of the so-called five civilized tribes of Cherokee, Choctaw, Chickasaw, Creek and Seminole, which cover 43% of the area of the state, are recognized as reservations by federal treaty, and thus not subject to state law or jurisdiction for tribal members.
An Organic Act is a generic name for a statute used by the United States Congress to describe a territory, in anticipation of being admitted to the Union as a state. Because of Oklahoma's unique history an explanation of the Oklahoma Organic Act needs a historic perspective. In general, the Oklahoma Organic Act may be viewed as one of a series of legislative acts, from the time of Reconstruction, enacted by Congress in preparation for the creation of a united State of Oklahoma. The Organic Act created Oklahoma Territory, and Indian Territory that were Organized incorporated territories of the United States out of the old "unorganized" Indian Territory. The Oklahoma Organic Act was one of several acts whose intent was the assimilation of the tribes in Oklahoma and Indian Territories through the elimination of tribes' communal ownership of property.
On the eve of the American Civil War in 1861, a significant number of Indigenous peoples of the Americas had been relocated from the Southeastern United States to Indian Territory, west of the Mississippi. The inhabitants of the eastern part of the Indian Territory, the Five Civilized Tribes, were suzerain nations with established tribal governments, well established cultures, and legal systems that allowed for slavery. Before European Contact these tribes were generally matriarchial societies, with agriculture being the primary economic pursuit. The bulk of the tribes lived in towns with planned streets, residential and public areas. The people were ruled by complex hereditary chiefdoms of varying size and complexity with high levels of military organization.
Same-sex marriage has been legal in Oklahoma since October 6, 2014, following the resolution of a lawsuit challenging the state's ban on same-sex marriage. On that day, following the U.S. Supreme Court's refusal to review Bishop v. Smith, a case that had found the ban unconstitutional, the Tenth Circuit Court of Appeals ordered Oklahoma to recognize same-sex marriages. On January 14, 2014, Judge Terence C. Kern of the U.S. District Court for the Northern District of Oklahoma declared the state's statutory and constitutional same-sex marriage bans unconstitutional. The case, Bishop v. Smith, was stayed pending appeal. On July 18, 2014, a panel of the Tenth Circuit upheld Kern's ruling overturning Oklahoma's same-sex marriage ban. However, the panel put its ruling on hold pending disposition of a petition for certiorari by the U.S. Supreme Court. On October 6, 2014, the U.S. Supreme Court rejected the request for review, leaving the Tenth Circuit Court's ruling in place. State officials responded by implementing the Tenth Circuit's ruling, recognizing same-sex marriage in the state.
The Echota Cherokee Tribe of Alabama is a state-recognized tribe in Alabama and Cherokee heritage group. It is based in northern Alabama and gained state-recognition under the Davis-Strong Act in 1984.
