Native American Rights, Federal Government Plenary Power and Land Takings
Abstract
Native Americans are entitled to the same Constitutional protections that guard other citizens from federal government infringement. Plenary power and the accompanying seizure and use of indigenous land bases have violated the rights of Native Americans and demonstrated the inability of the federal government to manage Indian affairs. The United States should give ownership and control of original, non-privately owned land bases back to tribes. This course of action would end treaty violation, compensate tribes for land takings, prevent bureaucrats from implementing policies that obstruct the ability of Native Americans to participate in their religion, and prevent the serious cultural loss that may occur if the government continues to use Native American land for self-interested purposes.
Although the Indian Citizenship Act of 1924 formally made Native Americans United States citizens, Native Americans currently lack the legal protection that guards other citizens from federal domination (Custo and Henry X). The core democratic concepts of "fairness, justice, and consent of the governed" have not yet been fully realized for tribal people, despite their citizenship (Wilkins 20). As stated by Helen Hunt Jackson, a noted author and social reformer, treatment of Native Americans has "outraged principles of justice" (Custo and Henry 40). Native Americans, "wards" of the federal government, are locked "in a grossly inequitable, politically dependent relationship," in which governmental infringement and injustice are the norm. (Williams 27). The current policy of federal plenary power over Indian tribes and the confiscation and desecration of I...
... middle of paper ...
...iverse. (21 Jan. 2001).
Martin v. Waddell. 41 U.S. 367. U.S. Supreme Court. 1842. LEXIS-NEXIS Academic Universe. (21 Jan 2001).
Northrup, Jim. Rez Road Follies. Minneapolis: University of Minnesota Press, 1997.
Three Affiliated Tribes of Fort Berthold Reservation v. United States. 419 U.S. 901. No. 73-2062. U.S. Supreme Court. 1974. LEXIS-NEXIS Academic Universe. (20 Jan. 2001).
Wilkins, David. American Indian Sovereignty and the U.S. Supreme Court: The Masking of Justice. Austin: University of Texas Press, 1997.
Wood, Mary. "Protecting the Attributes of Native Sovereignty: A New Trust Paradigm for Federal Actions Affecting Tribal Land and Resources." Utah Law Review (1995). LEXIS NEXIS Academic Universe. 8 Jan. 2001.
Wunder, John. Retained by the People: A History of American Indians and the Bill of Rights. New York: Oxford University Press, 1994.
The case Worcester v. Georgia (1832) was a basis for the discussion of the issue of states' rights versus the federal government as played out in the administration of President Andrew Jackson and its battle with the Supreme Court. In addition to the constitutional issues involved, the momentum of the westward movement and popular support for Indian resettlement pitted white man against Indian. All of these factors came together in the Worcester case, which alarmed the independence of the Cherokee Nation, but which was not enforced. This examines the legal issues and tragic consequences of Indian resettlement.
In order to understand the lack of morality on the part of the United States, the actions taken by the group in favor of removing the Indians and their opponents needs examining. The seeds of the Indian Removal Act of 1830 are rooted in colonial times and continued to grow during the early years of the American republic. To comprehend this momentous tragedy we must first examine the historical background of the Indian '"'problem'"' and seek rationale for the American government"'"s actions. This includes looking at the men who politically justified the expulsion of the Cherokee nation and those who argued against it.
Garrison, Tim Alan. The Legal Ideology of Removal: The Southern Judiciary and the Sovereignty of Native American Nations Studies in the Legal History of the South. Athens, GA: University of Georgia Press, 2002.
The Indian Removal Act drove thousands of natives off their tribal lands and forced them west to new reservations. Then again, there are those who defend Jackson's decision stating that Indian removal was necessary for the advancement of the United States. However, the cost and way of removing the natives was brutal and cruel. The opposition fails to recognize the fact that Jackson’s removal act had promised the natives payment, food, and protection for their cooperation, but Jackson fails to deliver any of these promises. Furthermore, in “Indian removal,” an article from the Public Broadcasting Service, a description of the removal of the Cherokee nation is given.
Talking Back to Civilization: Indian Voices from the Progressive Era edited by Frederick E. Hoxie is a book which begins with an introduction into the life of Charles Eastman and a brief overview of the history of Native Americans and their fight for justice and equal rights, it then continues by describing the different ways and avenues of speaking for Indian rights and what the activists did. This leads logically into the primary sources which “talk back” to the society which had overrun their own. The primary sources immerse the reader into another way of thinking and cause them to realize what our societal growth and even foundation has caused to those who were the true natives. The primary sources also expand on the main themes of the book which are outlines in the introduction. They are first and most importantly talking back to the “pale faces”, Indian education, religion, American Indian policy, the image of the Indians presented in America. The other chapters in the book further expanded on these ideas. These themes will be further discussed in the following chapters along with a review of this
Wheeler, Becker, and Glover, eds.,“Land, Growth, and Justice: Removal of the Cherokees”, Discovering the American Past, (Cengage Learning, 2007), p.183.
Stark, H. K., & Wilkins, D. E. (2011). American Indian Politics and the American Political System. Lanham, MD: Rowman & Littlefield Publishers, Inc.
Through Laws, treaties and proclamations it becomes clear of the transfer of power between Native Americas and colonizing powers within the US and Canada. One significant treaty was Treaty NO. 9 in which Native Americans gave up their aboriginal title and land for money, hunting right, entrance into the christian school system and a Canadian flag presented to the Chief. The treaties described define the cascading effect of how western powers came into control of land at which Native Americans resided in. Specifically converging on the using Native Americans “elites” to influence other Native Americans into adopting western cultural beliefs, overshadowing the diverse Native American cultural practices. The overshadowing and belittling of Native American culture is not only expressed through the several treaties presented to Native Americans across history but also through real life accounts of Native American children adopted into the western school system. This sections places into the prospective the monopolization of Native American land and
When performing evidence based practice research, the Iowa Model uses a team or individual approach to assist nurses in the journey to quality care. The Iowa Model begins by offering a process of selecting a proper clinical topic, which is often a recurring problematic issue (Polit & Beck, 2012). This topic is formulated as a question to improve a technique or procedure. Once the researcher determines that an ample amount of reported investigation exists on the desired question, information may be gathered and presented for approval (Polit & Beck, 2012). The research may lead to a gradual change in nursing practice.
Native American’s place in United States history is not as simple as the story of innocent peace loving people forced off their lands by racist white Americans in a never-ending quest to quench their thirst for more land. Accordingly, attempts to simplify the indigenous experience to nothing more than victims of white aggression during the colonial period, and beyond, does an injustice to Native American history. As a result, historians hoping to shed light on the true history of native people during this period have brought new perceptive to the role Indians played in their own history. Consequently, the theme of power and whom controlled it over the course of Native American/European contact is being presented in new ways. Examining the evolving
Hall, Kermit L, eds. The Oxford guide to United States Supreme Court decisions New York: Oxford University Press, 1999.
Sandefur, G. (n.d.). American Indian reservations: The first underclass areas? Retrieved April 28, 2014, from http://www.irp.wisc.edu/publications/focus/pdfs/foc121f.pdf
Evidence-based practice integrates best current evidence with clinical expertise and patient/family preferences and values for the delivery of optimal health care (qsen.org). Like most medical professions, nursing is a constantly changing field. With new studies being done and as we learn more about different diseases it is crucial for the nurse to continue to learn even after becoming an RN. Using evidence-based practice methods are a great way for nurses and other medical professionals learn new information and to stay up to date on new ways to practice that can be used to better assess
The Ottawa Model of Research Use has been used in nursing to explore the barriers and supports for adoption of new innovations, describe the process of adoption of new innovation or guidelines, implement a new research based guidelines, and to increase evidence-based practice across health-care settings. The feasibility and effectiveness of using the OMRU in actual practice contexts was supported by findings from a number of studies (Scott et al., 2009; Hogan & Logan, 2004; Logan, Harrison, Graham, Dunn, & Bissonnette, 1999; Stacey, Pomey, O'Conner, & Graham, 2006).
The focus of this article is on the critical role that a staff nurse holds in implementing an evidence-based practice (EBP) model. Implementing a change in practice takes research, analysis of data, and applying the complied results to practice. In this case study, communication was a crucial component that was identified. And it was found that there was an, “increased use of best evidence for patient care, increased opportunities for leadership by staff nurses, improved critical thinking skills, and improved communication skills” (Reavy & Tavernier, 2008, p. 172).