The Ninth Amendment to the United States Constitution addresses rights, retained by the people, that are not specifically enumerated in the Constitution. It is part of the Bill of Rights. The amendment was introduced during the drafting of the Bill of Rights when some of the American founders became concerned that future generations might argue that, because a certain right was not listed in the Bill of Rights, it did not exist. However, the Ninth Amendment has rarely played any role in U.S. constitutional law, and until the 1980s was often considered "forgotten" or "irrelevant" by many legal academics.
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states' rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state.
The Bureau of Indian Affairs (BIA), also known as Indian Affairs (IA), is a United States federal agency within the Department of the Interior. It is responsible for implementing federal laws and policies related to Native Americans and Alaska Natives, and administering and managing over 55,700,000 acres (225,000 km2) of reservations held in trust by the U.S. federal government for indigenous tribes. It renders services to roughly 2 million indigenous Americans across 574 federally recognized tribes. The BIA is governed by a director and overseen by the Assistant Secretary for Indian Affairs, who answers to the Secretary of the Interior.
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.
The E-3 visa is a United States visa for which only citizens of Australia are eligible. It was created by an Act of the United States Congress as a result of the Australia–United States Free Trade Agreement (AUSFTA), although it is not formally a part of the AUSFTA. The legislation creating the E-3 visa was signed into law by U.S. President George W. Bush on May 11, 2005. It is widely believed to have grown out of the negotiation of a trade deal between the US and Australia.
The Brothertown Indians, located in Wisconsin, are a Native American tribe formed in the late 18th century from communities of so-called "praying Indians", descended from Christianized Pequot, Narragansett, Montauk, Tunxis, Niantic, and Mohegan (Algonquian-speaking) tribes of southern New England and eastern Long Island, New York. In the 1780s after the American Revolutionary War, they migrated from New England into New York state, where they accepted land from the Iroquois Oneida Nation in Oneida County.
Cancellation of removal is a provision of the Immigration and Nationality Act (INA) of the United States that allows some aliens who are in removal proceedings, who have lived in the United States for a long period of time and meet certain other conditions, to apply to remain in the United States and have the removal proceedings terminated. Cancellation of removal was crafted by the U.S. Congress to replace "suspension of deportation," a similar form of relief available prior to April 1, 1997.
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.
Federal Indian policy establishes the relationship between the United States Government and the Indian Tribes within its borders. The Constitution gives the federal government primary responsibility for dealing with tribes. Some scholars divide the federal policy toward Indians in six phases: coexistence (1789–1828), removal and reservations (1829–1886), assimilation (1887–1932), reorganization (1932–1945), termination (1946–1960), and self-determination (1961–1985).
The Bureau of Indian Affairs building takeover refers to a protest by Native Americans at the Department of the Interior headquarters in the United States capital of Washington, D.C. from November 3 to November 9, 1972. On November 3, a group of around 500 American Indians with the American Indian Movement (AIM) took over the Interior building in Washington, D.C. It was the culmination of their cross-country journey in the Trail of Broken Treaties, intended to bring attention to American Indian issues such as living standards and treaty rights.
Aboriginal child protection describes services designed specifically for protection of the children of "aboriginal" or indigenous peoples, particularly where these peoples are a minority within a country. They may differ at international, national, legal, cultural, social, professional and program levels from general or mainstream child protection services. Fundamental human rights are a source of many of the differences. Aboriginal child protection may be an integral or a distinct aspect of mainstream services or it may be exercised formally or informally by an aboriginal people itself. There has been controversy about systemic genocide in child protection systems enforced with aboriginal children in post-colonial societies.
Native American self-determination refers to the social movements, legislation and beliefs by which the Native American tribes in the United States exercise self-governance and decision making on issues that affect their own people.
Creen v Wright (1875–76) LR 1 CPD 591 is an English contract law and labour law case concerning wrongful dismissal and the appropriate period of reasonable notice to be implied at common law in a contract of employment.
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.
Indian country jurisdiction, or the extent which tribal powers apply to legal situations in the United States, has undergone many drastic shifts since the beginning of European settlement in America. Over time, federal statutes and Supreme Court rulings have designated more or less power to tribal governments, depending on federal policy toward Indians. Numerous Supreme Court decisions have created important precedents in Indian country jurisdiction, such as Worcester v. Georgia, Oliphant v. Suquamish Tribe, Montana v. United States, and McGirt v. Oklahoma.
Carcieri v. Salazar, 555 U.S. 379 (2009), was a case in which the Supreme Court of the United States held that the federal government could not take land into trust that was acquired by the Narragansett Tribe in the late 20th century, as it was not federally recognized until 1983. While well documented in historic records and surviving as a community, the tribe was largely dispossessed of its lands while under guardianship by the state of Rhode Island before suing in the 20th century.
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 Klamath Termination Act was a 1953 law under the US Indian termination policy. The Klamath tribe along with the Flathead, Menominee, Potawatomi, and Turtle Mountain Chippewa, as well as all tribes in the states of California, New York, Florida, and Texas were targeted for immediate termination by House Concurrent Resolution 108 of 1953. The statement which was issued 1 August 1953 by the United States Congress announced the official beginning of the federal Indian termination policy. The tribes that were listed as being ready for immediate termination had been placed on a list prepared by acting Commissioner of Indian Affairs, William Zimmerman, because they met four primary criteria: adequate resources, they had adopted to a certain degree the cultural traits of the larger American culture, they were willing to terminate federal trust obligations, and the state was willing to assume jurisdiction over their criminal and civil matters.
Luna Torres v. Lynch, 578 U.S. ___ (2016), was a United States Supreme Court case in which the Court decided the interpretation of section 1101(a)(43) of the federal Immigration and Nationality Act (INA), which includes "aggravated felony" as a possible reason for deporting a non-citizen. The INA specifies certain offenses described in the federal criminal code as qualifying as an aggravated felony. The question before the court was if the plaintiff Jorge Luna Torres, who had been convicted under a state arson statute mostly identical to the federal statute but lacking an interstate or foreign commerce element in the federal law, fell under this definition of aggravated felony. The Court affirmed the U.S. Court of Appeals for the Second Circuit original decision: the difference was merely "jurisdictional", and Torres still qualified for the accelerated deportation process described under the INA.
Haaland v. Brackeen is a pending Supreme Court of the United States case brought by the states of Texas, Louisiana, and Indiana, and individual plaintiffs, that seeks to declare the Indian Child Welfare Act (ICWA) unconstitutional. In addition to Haaland v. Brackeen, three additional cases have been consolidated to be heard at the same time. Those cases are Cherokee Nation v. Brackeen, Texas v. Haaland, and Brackeen v. Haaland.
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