Native Americans And The Difficulties They Face In America Essay

420 words - 2 pages

Native Americans and Federal Law

An Act of Congress passed in 1871 prohibited the United States Government from recognizing any further native tribes as sovereign nations. (d’Errico 11) In 1831 Supreme Court Chief Justice John Marshall described the relationship between the Native Americans and the Federal Government as a ‘domestic dependency’. (d’Errico 11) This idea that Native American Nations are dependent on the US government, but are also sovereign nations in themselves is a paradox that continues to contribute to tensions between tribes and the Federal Government today. This ‘domestic dependency’ means that while tribes do have the right to make laws on their own lands, the Federal Government can overrule them at will. In 1973 FBI officers removed four slot machines from the Blackfeet reservation, despite a restraining order put out by the tribal government that the machines were not to be removed. (d’Errico 10) When the Blackfeet sued the FBI, the FBI won because of the fuzziness of nature of a ‘domestic dependency’.
The National Historic Preservation Act (NHPA) was amended in 1992 to grant Tribal influence in measures undertaken by the NHPA if the measures taken would affect tribal land. (Stanfill 65) This amendment, amendment 106, has given tribes some power to protect their historic and sacred sites and landmarks. (Stanfill 65) In 1987 when...

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