POLS 305 Issues in Politics: Native American Law
Syllabus
Course-Related Links
U.S. Bureau of Indian Affairs National Congress of American Indians Organization of Native American Nations Native American Rights Fund Organization helping to assert Native American rights. Indian law Resource Center Organization helping to assert Native American rights. Navajo Nation Official Website of the Navajo Nation Government.
Course Readings
Reading and Briefing Court Cases
U.S. Sovereignty over Native American Tribes
- How to read a court case Handout on understanding the basic elements of court cases
- Elements of a Case Brief Explanation of a case brief, with a sample brief of Roe v. Wade.
Plenary Power and the Trust Relationship
- Christian Conquest of Infidels by Pope Innocent IV, circa 1250
- Map of Native American Tribes before European arrival, based on languages
- Map of Louisiana Tribes before European arrival
- George Washington Letter (1783) Washington explains his preferred policies towards Indians.
- Treaty of Hopewell (1785)
- Trade and Intercourse Act (1790) Exlusive Federal Government right to deal with Tribes
- Indian Removal Act (1830)
- Map of Trail of Tears
- Map of Oklahoma and Indian Territory
- Johnson and Graham's Lesee v. M'Intosh (1823) Rights of Discovery and Conquest
- Cherokee Nation v. Georgia (1831) Domestic Dependent Nations
- Worcester v. Georgia (1831) Tribal Sovereignty versus State Jurisdiction
- Indian Appropriations Act (1871)No more treaties.
- Ex Parte Crow Dog (1883) Tribal Sovereignty and Clear Abrogation of Treaties
- Major Crimes Act (1885) Federal Jurisdiction over Major Crimes
- U.S. v. Kagama (1886) Ward Relationship
- BIA map of Continental U.S. Indian Reservations
Canons of Treaty Construction/Interpretation
- Dawes General Allotment Act (1887)Allotment of Reservation Lands
- Map of opening of Oklahoma Reservations for non-Indian settlement
- Map of allotment of Pine Ridge Sioux Reservation
- Map of Pine Ridge Sioux Reservation today
- Lone Wolf v. Hitchcock (1903) Plenary Power but Trust Relationship
- Map of New Mexico Pueblos
- U.S. v. Sandoval (1913) Plenary Power over Pueblos
- Indian Reorganization Act (1934) The "Indian New Deal"
- Map of historic Sioux lands by treaty
- U.S. v. Sioux Nation (1980)Good Faith use of Plenary Power
- U.S. v. Dann Sisters (1985)
Payment for Shoshone lands- Indian Land Consolidation Act (1983)
- County of Oneida v. Oneida Indian Nation (1985) Common Law suit for damages
- Bureau of Indian AffairsExplore the "Who We Are" and "What We Do" pages
- Cobell v. Norton (240 F.3d 1081 (D.C. 2001) (DOI/BIA mismanagement of funds)
- City of Sherill v. Oneida Indian Nation (2005): Extinction of Tribal Sovereignty from Diminishment
- U.S. v. Winans (1905) Reserved Treaty Rights (Fishing)
- Winters v. U.S. (1908) Reserved Treaty Rights (Water)
- Menominee Tribe v. U.S. (1968) Abrogation of Treaty Rights (Fishing)
- Washington v. Fishing Vessel Association (1974) Reserved Treaty Rights (Fishing)
- U.S. v. Dion (1986) Clear abrogation of Treaty Rights (Hunting)
- Tee-Hit-Ton Indians v. U.S. (1955) (No Land Rights Unless Treaty)
Political Class
- Talton v Mayes (1896) Bill of Rights does not apply
- Citizen Act (1924)
- Indian Civil Rights Act (1968)
- American Indian Religious Freedom Act with 1994 Amendment
- Lyng v. Northwest Indian Cemetery Protective Association (1988)
- Morton v. Mancari (1974)
- Santa Clara Pueblo v. Martinez (1978) Tribal sovereign immunity from ICRA
- U.S. v. Antelope (1977)
- United Nations Declaration on the Rights of Indigenous Peoples (2007)
- U.S. Response to the UN Declaration on the Rights of Indegenous Peoples
Tribal Sovereignty: Criminal and Civil Jurisdiction
- State Regulation of Tribal Land: Worcester v. Georgia (1832)
- Resolution 108 (1953) Congressional declaration of intent to terminate Native American tribal existence.
- Public Law 280 (1953) State Criminal and Civil Jurisdiction
- PL 280 Explanation from American Indian Development Associates
- State Civil Jurisdiction over Indians on Indian Land (yes): Williams v. Lee (1954)
- Tribal Criminal Jurisdiction over non-Indians on Indian land (no): Oliphant v. Suquamish (1978)
- Tribal Jurisdiction over lawsuits involving one or more Indians on Indian land (yes): Iowa Mut. Ins. Co. v. LaPlante (1987)
- Tribal Jurisdiction over lawsuits between non-Indians on Indian land (no): Strate v. A-1 Contractors (1997)
- Tribal court jurisdiction over federal law violations by federal agents (no): State of Nevada v. Hicks (2001)
Tribal Sovereignty: Civil Regulation and Taxation
- State Sales Tax on Sales to Indians on Indian Land (no): Warren Trading Post v. Arizona Tax Commission (1965)
- State Income Tax on Indians on Indian Land (no): McClanahan v. Arizona State Tax Commission (1973)
- State Sales and Income Tax on Indians on non-Indian Land (no): Mescalero Apache Tribe v. Jones (1973)
- State Property Tax on Indians on Indian land (no): Bryan v. Itasca County (1976)
- State Taxes on sales by Indians to non-Indians on Indian Lands (depends; no in this case): White Mountain Apache Tribe v. Bracker (1980)
- Tribal Civil Regulation of Non-Indians on Indian Land (Hunting) (yes): Montana v. U.S. (1981)
- Tribal and State Sales Tax on Indian sales to Non-Indians on Indian Land (both yes): Washington v. Confederated Tribes of the Colville Indian Reservation (1980)
- Tribal Oil and Gas Severance Tax on Tribal Land (yes): Merrion v. Jicarilla Apache Tribe (1982)
- Tribal Hotel Tax on Non-Indian business on Non-Indian Land within a Reservation (no): Atkinson Trading Co. v. Shirley (2001)
Tribal Recognition and Enrollment
- Office of Federal Acknowledgement
- Federal Recognition of Indian Tribes: Miami Nation of Indians v. Department of Interior (2001)
- Information on Tribal Enrollment from the U.S. Bureau of Indian Affairs
- Current Tribes Large 2000 Census Map of U.S. Tribes
- Southeast Tribes Map of federally recognized tribes in the Southeastern U.S.
- Louisiana Tribes Map and Census of Lousiana Tribes
Louisiana Tribes with Federal Recognition
- Choushatta
- Jena Band of Choctaw
- Tunica-Biloxi
- Chitimacha
Louisiana Tribes with State Recognition
- Houma
- Biloxi-Chitimacha
- Pointe-au-Chien
- Caddo-Adai
- Choctaw-Apache
- Four Winds Cherokee
- Clifton Choctaw
Louisiana Tribes seeking state and federal recognition
- Atakapa-Ishak
- Avoyel-taensa
- Avogel
Internal Tribal Law
- Navajo Common Law Project from the Navajo Courts
- Navajo Nation v. Crockett example of Navajo common law
Select Other Relevant Congressional Statutes
- Indian Gaming Regulatory Act Explanation from Wikipedia
- Indian Self Determination and Educational Assistance Act (1975)
- Indian Child Welfare Act (1978)
- Indian Claims Limitation Act(1982)
- American Indian Religious Freedom Act (1978) plus 1994 Amendments
- American Indian Grave Protection and Repatriation Act (1990)
- Archealogical Resource Protection Act
- Indian Arts and Crafts Act
