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116-718: The Indian Mission , now the Luckhard Museum , is a historic Native American Christian mission located at 590 East Bay Street in Sebewaing, Michigan . It was built in 1849 and added to the National Register of Historic Places in 1972. John J. Auch was born in 1817 in Wurtemburg , Germany, and emigrated tho the United States with his parents in 1836. He studied theology, and in 1845 arrived in what
232-472: A "court of Indian offenses". The court provided a venue for prosecuting criminal charges but afforded no relief for tribes seeking to resolve civil matters. Another five years later, Congress began providing funds to operate the Indian courts. While U.S. courts clarified some of the rights and responsibilities of states and the federal government toward the Indian nations within the new nation's first century, it
348-751: A "full bore assault on tribal culture and institutions", and pressure for Native Americans to assimilate. In the Indian Appropriations Act of 1871 , Congress prohibited any future treaties. This move was steadfastly opposed by Native Americans. Currently, the U.S. recognizes tribal nations as " domestic dependent nations " and uses its own legal system to define the relationship between the federal, state, and tribal governments. The U.S. recognizes 574 tribal nations, 229 of which are in Alaska. The National Congress of American Indians explains, "Native peoples and governments have inherent rights and
464-557: A Cherokee ancestor on the Dawes Rolls, although all Cherokee Freedmen and their descendants had been members since 1866. As of 2004, various Native Americans are wary of attempts by others to gain control of their reservation lands for natural resources, such as coal and uranium in the West. The State of Maine is the only State House Legislature that allows Representatives from Indian Tribes. The three nonvoting members represent
580-465: A body of law, Jim Crow institutionalized economic, educational, and social disadvantages for Native Americans, and other people of color living in the south. Native American identity was especially targeted by a system that only wanted to recognize white or colored, and the government began to question the legitimacy of some tribes because they had intermarried with African Americans. Native Americans were also discriminated and discouraged from voting in
696-495: A federal Indian trust relationship are based. Cultural activism since the late 1960s has increased the participation of Indigenous peoples in American politics. It has also led to expanded efforts to teach and preserve Indigenous languages for younger generations, and to establish a more robust cultural infrastructure: Native Americans have founded independent newspapers and online media outlets, including First Nations Experience ,
812-608: A gabled roof on a low stone foundation. The building has box cornices and two brick chimneys within the walls. The windows are double-hung sash units, six over six. Adjoining the mission is a concrete structure, cast in the shape of a log building, as a replica of the first chapel built in Sebewaing in 1845. Native Americans in the United States Native Americans (also called American Indians , First Americans , or Indigenous Americans ) are
928-470: A large degree of tribal sovereignty . For this reason, many Native American reservations are still independent of state law and the actions of tribal citizens on these reservations are subject only to tribal courts and federal law. The Indian Citizenship Act of 1924 granted US citizenship to all Native Americans born in the US who had not yet obtained it. This emptied the "Indians not taxed" category established by
1044-724: A more collective basis than the culture which Europeans were familiar with. Most Indigenous American tribes treated their hunting grounds and agricultural lands as land that could be used by their entire tribe. Europeans had developed concepts of individual property rights with respect to land that were extremely different. The differences in cultures, as well as the shifting alliances among different nations during periods of warfare, caused extensive political tension, ethnic violence, and social disruption. Native Americans suffered high fatality rates from contact with European diseases that were new to them, and to which they had not acquired immunity . Smallpox epidemics are thought to have caused
1160-477: A political relationship with the U.S. government that does not derive from race or ethnicity." The United States Constitution mentions Native American tribes three times: These constitutional provisions, and subsequent interpretations by the Supreme Court (see below), are today often summarized in three principles of U.S. Indian law: The Marshall Trilogy is a set of three Supreme Court decisions in
1276-472: A pre-1924 case that said, "when Indians are prepared to exercise the privileges and bear the burdens of" sui iuris , i.e. of one's own right and not under the power of someone else, "the tribal relation may be dissolved and the national guardianship brought to an end, but it rests with Congress to determine when and how this shall be done, and whether the emancipation shall be complete or only partial" ( U.S. v. Nice , 1916). The court further determined, based on
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#17327761107271392-475: A resolution recommending that the federal and legislative branches of the U.S. government terminate tribal governments. In 2007, a group of Democratic Party congressmen and congresswomen introduced a bill in the U.S. House of Representatives to terminate Federal recognition of the Cherokee Nation . This was related to their voting to exclude Cherokee Freedmen as members of the tribe unless they had
1508-756: A result of a pair of treaties in 1830s, two tribal nations (the Cherokee and Choctaw ) each have the right to send non-voting members to the United States House of Representatives (similar to a non-state U.S. territory or the federal district ); the Choctaw have never exercised their right to do so since they were given the power and the Cherokee had not done so until appointing a delegate in 2019, though this delegate has not been accepted by Congress. Another dispute over American Indian government
1624-475: A separate agency, the Bureau of Indian Affairs has been in place since 1824. The idea that tribes have an inherent right to govern themselves is at the foundation of their constitutional status – the power is not delegated by congressional acts. Congress can, however, limit tribal sovereignty. Unless a treaty or federal statute removes a power, however, the tribe is assumed to possess it. Current federal policy in
1740-653: A stable social and political structure at the helm of these tribes or states. The Revenue Act of 1924 ( Pub. L. 68–176 , H.R. 6715, 43 Stat. 253 , enacted June 2, 1924 ), also known as the Mellon tax bill after U.S. Secretary of the Treasury Andrew Mellon , cut federal tax rates and established the U.S. Board of Tax Appeals , which was later renamed the United States Tax Court in 1942. The Revenue Act
1856-412: A tax from the tribe, were not exempted from the tribal justice system because they had been granted U.S. citizenship. It found that tribes "still possess their inherent sovereignty excepting only when it has been specifically taken from them by treaty or Congressional Act". This means American Indians do not have exactly the same rights of citizenship as other American citizens. The court cited case law from
1972-400: A variety of diseases, but in many cases this happened long after Europeans first arrived. When severe epidemics did hit, it was often less because Native bodies lack immunity than because European colonialism disrupted Native Communities and damaged their resources, making them more vulnerable to pathogens." After the thirteen British colonies revolted against Great Britain and established
2088-537: Is condescending for such lands to be considered "held in trust" and regulated in any fashion by any entity other than their own tribes. Some tribal groups have been unable to document the cultural continuity required for federal recognition. To achieve federal recognition and its benefits, tribes must prove continuous existence since 1900. The federal government has maintained this requirement, in part because through participation on councils and committees, federally recognized tribes have been adamant about groups' satisfying
2204-482: Is empowered to "regulate commerce with foreign nations…states…and with the Indian tribes." Technically, Congress has no more power over Indian nations than it does over individual states. In the 1970s, Native American self-determination replaced Indian termination policy as the official United States policy towards Native Americans. Self-determination promoted the ability of tribes to self-govern and make decisions concerning their people. In dealing with Indian policy,
2320-469: Is its sovereignty versus that of the states. The federal U.S. government has always been the government that makes treaties with Indian tribes – not individual states. Article 1, Section 8 of the Constitution states that "Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes". This determined that Indian tribes were separate from
2436-608: Is known as the " Kelp Highway ". The early inhabitants by land were classified as Paleo-Indians , who spread throughout the Americas, diversifying into numerous culturally distinct nations. Major Paleo-Indian cultures included the Clovis and Folsom traditions , identified through unique spear points and large-game hunting methods, especially during the Lithic stage . Around 8000 BCE, as the climate stabilized, new cultural periods like
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#17327761107272552-766: Is not regulation or legislation in place to sufficiently curb this practice at the rate necessary to preserve Native American land and natural resources. In 2023, the federally-recognized Resighini Rancheria of the Yurok People, Tolowa Dee-ni' Nation , and Cher-Ae Heights Indian Community of the Trinidad Rancheria announced that as territorial governments they have protected the Yurok-Tolowa-Dee-ni' Indigenous Marine Stewardship Area of 700 square miles (1,800 km ) of ocean waters and coastline reaching from Oregon to just south of Trinidad in
2668-411: Is now Sebewaing as a missionary to the local Ojibwe tribe. Upon arrival, Auch constructed a log house at a site just north of Sebewaing. This proved inadequate, so in 1846 he purchased lumber from Bay City , ferried it to Sebewaing, and began constructing this mission house. The house was dedicated in 1849, and Auch used it as a combination mission and home for the next five years. After Auch moved on,
2784-535: Is reasonably well settled, tribes are still striving to achieve criminal jurisdiction over non-Native persons who commit crimes in Indian Country. This is largely due to the Supreme Court's ruling in 1978 in Oliphant v. Suquamish Indian Tribe that tribes lack the inherent authority to arrest, try and convict non-Natives who commit crimes on their lands (see below for additional discussion on this point.) As
2900-733: Is the largest tribe if only full-blood individuals are counted; the Navajo are the tribe with the highest proportion of full-blood individuals, 86.3%. The Cherokee have a different history; it is the largest tribe, with 819,000 individuals, and it has 284,000 full-blood individuals. As of 2012, 70% of Native Americans live in urban areas, up from 45% in 1970 and 8% in 1940. Urban areas with significant Native American populations include Minneapolis, Denver, Phoenix, Tucson, Chicago, Oklahoma City, Houston, New York City, and Los Angeles. Many live in poverty. Racism, unemployment, drugs and gangs are common problems which Indian social service organizations such as
3016-448: The Duro fix , also over non-member Indians regarding crime on tribal land. The Violence Against Women Reauthorization Act of 2013 expanded the criminal jurisdiction of tribes over non-Indian perpetrators of domestic violence that occur in Indian Country when the victim is Indian. The 1968 Indian Civil Rights Act limited tribal punishment to one year in jail and a $ 5,000 fine, but this
3132-564: The American Indian Movement (AIM) drawing attention to Indigenous rights. Landmark legislation like the Indian Self-Determination and Education Assistance Act of 1975 recognized tribal autonomy, leading to the establishment of Native-run schools and economic initiatives. Tribal sovereignty has continued to evolve, with legal victories and federal acknowledgments supporting cultural revitalization. By
3248-543: The Archaic stage arose, during which hunter-gatherer communities developed complex societies across North America. The Mound Builders created large earthworks, such as at Watson Brake and Poverty Point , which date to 3500 BCE and 2200 BCE, respectively, indicating early social and organizational complexity. By 1000 BCE, Native societies in the Woodland period developed advanced social structures and trade networks, with
3364-518: The Census Bureau until 1930: American Indians and Alaska Natives as percentage of the total population between 1880 and 2020: Absolute numbers of American Indians and Alaska Natives between 1880 and 2020 (since 1890 according to the Census Bureau ): 78% of Native Americans live outside a reservation. Full-blood individuals are more likely to live on a reservation than mixed-blood individuals. The Navajo , with 286,000 full-blood individuals,
3480-653: The Chippewa ceding extensive lands to the U.S., but maintaining usufructuary rights to fishing, hunting, and gathering in perpetuity on all ceded land. Wartime industry of the early 1900s introduced uranium mining and the need for weapons testing sites, for which the U.S. federal government often selected former and current tribal territories in the southwestern deserts. Uranium mines were constructed upstream of Navajo and Hopi reservations in Arizona and Nevada, measurably contaminating Native American water supply through
3596-664: The Dawes Act , which undermined communal landholding. A justification for the policy of conquest and subjugation of the Indigenous people emanated from the stereotyped perceptions of Native Americans as "merciless Indian savages" (as described in the United States Declaration of Independence ). Sam Wolfson in The Guardian writes, "The declaration's passage has often been cited as an encapsulation of
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3712-791: The Hopewell tradition connecting the Eastern Woodlands to the Great Lakes and the Gulf of Mexico . This period led to the Mississippian culture , with large urban centers like Cahokia —a city with complex mounds and a population exceeding 20,000 by 1250 CE. From the 15th century onward, European contact drastically reshaped the Americas. Explorers and settlers introduced diseases, causing massive Indigenous population declines, and engaged in violent conflicts with Native groups. By
3828-680: The Indigenous peoples of the United States , particularly of the lower 48 states and Alaska . They may also include any Americans whose origins lie in any of the indigenous peoples of North or South America. The United States Census Bureau publishes data about "American Indians and Alaska Natives ", whom it defines as anyone "having origins in any of the original peoples of North and South America ... and who maintains tribal affiliation or community attachment". The census does not, however, enumerate "Native Americans" as such, noting that
3944-758: The Indigenous peoples of Canada are generally known as First Nations , Inuit and Métis ( FNIM ). The history of Native Americans in the United States began before the founding of the U.S., tens of thousands of years ago with the settlement of the Americas by the Paleo-Indians . The Eurasian migration to the Americas occurred over millennia via Beringia , a land bridge between Siberia and Alaska , as early humans spread southward and eastward, forming distinct cultures and societies. Archaeological evidence suggests these migrations began 60,000 years ago and continued until around 12,000 years ago. Some may have arrived even before this time fishing in kayaks along what
4060-625: The Mississippi River , in order to accommodate continued European American expansion. This resulted in what amounted to the ethnic cleansing or genocide of many tribes, who were subjected to brutal forced marches . The most infamous of these came to be known as the Trail of Tears . Contemporary Native Americans have a unique relationship with the United States because they may be members of nations, tribes, or bands that have sovereignty and treaty rights upon which federal Indian law and
4176-620: The Senate Indian Affairs Committee endorsed a bill that would grant federal recognition to tribes in Virginia. As of 2000 , the largest groups in the United States by population were Navajo , Cherokee , Choctaw , Sioux , Chippewa , Apache , Blackfeet , Iroquois , and Pueblo . In 2000, eight of ten Americans with Native American ancestry were of mixed ancestry. It is estimated that by 2100 that figure will rise to nine out of ten. The civil rights movement
4292-475: The United States recognizes this sovereignty and stresses the government-to-government relations between the United States and Federally recognized tribes . However, most Native American land is held in trust by the United States, and federal law still regulates the economic rights of tribal governments and political rights. Tribal jurisdiction over persons and things within tribal borders are often at issue. While tribal criminal jurisdiction over Native Americans
4408-734: The United States Constitution , allowed Natives to vote in elections, and extended the Fourteenth Amendment protections granted to people "subject to the jurisdiction" of the United States. However, some states continued to deny Native Americans voting rights for decades. Titles II through VII of the Civil Rights Act of 1968 comprise the Indian Civil Rights Act, which applies to Native American tribes and makes many but not all of
4524-565: The first written accounts of the contact were provided by Europeans . Ethnographers classify the Indigenous peoples of North America into ten geographical regions which are inhabited by groups of people who share certain cultural traits, called cultural areas. The ten cultural areas are: At the time of the first contact, the Indigenous cultures were different from those of the proto-industrial and mostly Christian immigrants. Some Northeastern and Southwestern cultures, in particular, were matrilineal and they were organized and operated on
4640-553: The 1940s and 1950s with lasting impacts to this day. The Nevada desert was also a common nuclear testing site for the U.S. military through World War II and the Cold War , the closest residents being Navajo Nation members. In 1970, President Richard Nixon established the federal government's Environmental Protection Agency (EPA). In 1974, the EPA became the first U.S. federal agency to release an Indian Policy, which established
4756-537: The 19th century, westward U.S. expansion, rationalized by Manifest destiny , pressured tribes into forced relocations like the Trail of Tears , which decimated communities and redefined Native territories. Despite resistance in events like the Sioux Uprising and Battle of Little Bighorn , Native American lands continued to be reduced through policies like the Indian Removal Act of 1830 and later
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4872-513: The 21st century, Native Americans had achieved increased control over tribal lands and resources, although many communities continue to grapple with the legacy of displacement and economic challenges. Urban migration has also grown, with over 70% of Native Americans residing in cities by 2012, navigating issues of cultural preservation and discrimination. Continuing legal and social efforts address these concerns, building on centuries of resilience and adaptation that characterize Indigenous history across
4988-455: The 48 states and Alaska. Native American population rebounded sharply from 1950, when they numbered 377,273; it reached 551,669 in 1960, 827,268 in 1970, with an annual growth rate of 5%, four times the national average. Total spending on Native Americans averaged $ 38 million a year in the late 1920s, dropping to a low of $ 23 million in 1933, and returning to $ 38 million in 1940. The Office of Indian Affairs counted more American Indians than
5104-647: The Americas , including Mesoamerican peoples such as the Maya , as well as Canadian and South American natives . In 2022, 634,503 Indigenous people in the United States identified with Central American Indigenous groups, 875,183 identified with the Indigenous people of Mexico , and 47,518 identified with Canadian First Nations . Of the 3.2 million Americans who identified as American Indian or Alaska Native alone in 2022, around 45% are of Hispanic or Latino ethnicity, with this number growing as increasing numbers of Indigenous people from Latin American countries immigrate to
5220-399: The Americas. According to the 2020 census, the U.S. population was 331.4 million. Of this, 3.7 million people, or 1.1 percent, reported American Indian or Alaska Native ancestry alone. In addition, 5.9 million people (1.8 percent), reported American Indian or Alaska Native in combination with one or more other races. The definition of American Indian or Alaska Native used in the 2010 census
5336-517: The Congress has plenary power over all Native American tribes within its borders by rationalization that "The power of the general government over these remnants of a race once powerful ... is necessary to their protection as well as to the safety of those among whom they dwell". The Supreme Court affirmed that the U.S. Government "has the right and authority, instead of controlling them by treaties, to govern them by acts of Congress, they being within
5452-556: The Fort Belknap Indian community are not in part, at least, arms of the federal government. Originally they were created by federal executive and imposed upon the Indian community, and to this day the federal government still maintains a partial control over them." In the end however, the Ninth Circuit limited its decision to the particular reservation in question and stated, "it does not follow from our decision that
5568-552: The Ghost Dance properly, the European American colonists would vanish, the bison would return, and the living and the dead would be reunited in an Eden ic world. On December 29 at Wounded Knee, gunfire erupted, and U.S. soldiers killed up to 300 Indians, mostly old men, women, and children. Days after the massacre, the author L. Frank Baum wrote: The Pioneer has before declared that our only safety depends upon
5684-521: The Indians of the time. In essence, the act broke up the land of most all tribes into modest parcels to be distributed to Indian families, and those remaining were auctioned off to white purchasers. Indians who accepted the farmland and became "civilized" were made American citizens. But the Act itself proved disastrous for Indians, as much tribal land was lost, and cultural traditions destroyed. Whites benefited
5800-471: The Indians were destined to vanish under the pressure of white civilization, stating in an 1886 lecture: I don't go so far as to think that the only good Indians are dead Indians, but I believe nine out of ten are, and I shouldn't like to inquire too closely into the case of the tenth. One of the last and most notable events during the Indian wars was the Wounded Knee Massacre in 1890. In
5916-746: The Little Earth housing complex in Minneapolis attempt to address. Below are numbers for U.S. citizens self-identifying to selected tribal groupings, according to the 2010 U.S. census. There are 573 federally recognized tribal governments and 326 Indian reservations in the United States. These tribes possess the right to form their own governments, to enforce laws (both civil and criminal) within their lands, to tax, to establish requirements for membership, to license and regulate activities, to zone, and to exclude persons from tribal territories. Limitations on tribal powers of self-government include
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#17327761107276032-492: The Penobscot Nation, Houlton Band of Maliseet Indians, and Passamaquoddy Tribe . These representatives can sponsor any legislation regarding American Indian affairs or co-sponsor any pending State of Maine legislation. Maine is unique regarding Indigenous leadership representation. In the state of Virginia , Native Americans face a unique problem. Until 2017 Virginia previously had no federally recognized tribes but
6148-459: The Secretary of State, rather than the Bureau of Indian Affairs . The Bureau of Indian Affairs reports on its website that its "responsibility is the administration and management of 55,700,000 acres (225,000 km ) of land held in trust by the United States for American Indians, Indian tribes, and Alaska Natives ". Many Native Americans and advocates of Native American rights believe that it
6264-600: The Supreme Court at that time, Warren Burger , and Justice Thurgood Marshall filed a dissenting opinion). But the case left unanswered some questions, including whether tribal courts could use criminal contempt powers against non-Indians to maintain decorum in the courtroom, or whether tribal courts could subpoena non-Indians. A 1981 case, Montana v. United States , clarified that tribal nations possess inherent power over their internal affairs, and civil authority over non-members on fee-simple lands within its reservation when their "conduct threatens or has some direct effect on
6380-472: The Supreme Court held that a tribal court does not have criminal jurisdiction over a non-member Indian, but that tribes "also possess their traditional and undisputed power to exclude persons who they deem to be undesirable from tribal lands. ... Tribal law enforcement authorities have the power if necessary, to eject them. Where jurisdiction to try and punish an offender rests outside the tribe, tribal officers may exercise their power to detain and transport him to
6496-600: The U.S Supreme Court ruled in McGirt v. Oklahoma that the state of Oklahoma acted outside its jurisdiction when trying a member of the Muscogee (Creek) Nation in 1997 for rape and that the case should have been tried in federal court since Congress had never officially dissolved the reservation in question. The ruling's expansion of jurisdiction sovereignty also opened the possibility for Native Americans to obtain more power in alcohol regulation and casino gambling. Similar to
6612-478: The U.S. federal government's claim to recognize the "sovereignty" of Native American peoples falls short, given that the United States wishes to govern Native American peoples and treat them as subject to U.S. law. Such advocates contend that full respect for Native American sovereignty would require the U.S. government to deal with Native American peoples in the same manner as any other sovereign nation, handling matters related to relations with Native Americans through
6728-405: The US and more Latinos self-identify with indigenous heritage. Of groups Indigenous to the United States, the largest self-reported tribes are Cherokee (1,449,888), Navajo (434,910), Choctaw (295,373), Blackfeet (288,255), Sioux (220,739), and Apache (191,823). 205,954 respondents specified an Alaska Native identity. Native Hawaiians are counted separately from Native Americans by
6844-900: The United States retains control over the scope of tribal law making. Laws adopted by Native American governments must also pass the Secretarial Review of the Department of Interior through the Bureau of Indian Affairs. With crime twice as high on Indian lands, federal funding of tribal courts has been criticized by the United States Commission on Civil Rights and the Government Accountability Office as inadequate to allow them to perform necessary judicial functions, such as hiring officials trained in law, and prosecuting cases neglected by
6960-522: The United States was established, Native American tribes were considered semi-independent nations, because they generally lived in communities which were separate from communities of white settlers . The federal government signed treaties at a government-to-government level until the Indian Appropriations Act of 1871 ended recognition of independent Native nations, and started treating them as "domestic dependent nations" subject to applicable federal laws. This law did preserve rights and privileges, including
7076-458: The United States, President George Washington and Secretary of War Henry Knox conceived the idea of " civilizing " Native Americans in preparation for their assimilation as U.S. citizens. Assimilation, whether it was voluntary, as it was with the Choctaw , or forced , was consistently maintained as a matter of policy by consecutive American administrations. During the 19th century,
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#17327761107277192-511: The United States. In 1831, Cherokee Nation v. Georgia established a trust relationship between the United States and tribal territories. This gave the U.S. federal government primary jurisdictional authority over tribal land use, while maintaining tribal members' rights to reside on their land and access its resources. Similarly, in 1841, a treaty between the U.S. federal government and the Mole Lake Band of Sokaogon Chippewa resulted in
7308-567: The bill into law. In 1934 the Indian Reorganization Act , codified as Title 25, Section 476 of the U.S. Code, allowed Indian nations to select from a catalogue of constitutional documents that enumerated powers for tribes and for tribal councils . Though the Act did not specifically recognize the Courts of Indian Offenses, 1934 is widely considered to be the year when tribal authority, rather than United States authority, gave
7424-423: The borders of the United States. The U.S. federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties . As the U.S. accelerated its westward expansion , internal political pressure grew for " Indian removal ", but the pace of treaty-making grew regardless. The Civil War forged the U.S. into a more centralized and nationalistic country, fueling
7540-448: The building was alternately occupied and abandoned over the course of decades. In 1954, C.F. Luckhard purchased the building and extensively restored it. Luckhard moved the structure to its present location, and used it to display his collection of pioneer-era artifacts. Luckhard also constructed a replica of the first log house build by Auch near the mission. The Indian Mission is a 1 + 1 ⁄ 2 -story rectangular frame building with
7656-407: The census, being classified as Pacific Islanders . According to 2022 estimates, 714,847 Americans reported Native Hawaiian ancestry. The 2010 census permitted respondents to self-identify as being of one or more races. Self-identification dates from the census of 1960; prior to that the race of the respondent was determined by the opinion of the census taker. The option to select more than one race
7772-447: The colonization process as comprising genocide against Native Americans. As part of a policy of white settler colonialism , European settlers continued to wage war and perpetrated massacres against Native American peoples, removed them from their ancestral lands , and subjected them to one-sided government treaties and discriminatory government policies. Into the 20th century, these policies focused on forced assimilation . When
7888-486: The control of Congress, but except as Congress has expressly restricted or limited the internal powers of sovereignty vested in the Indian tribes such powers are still vested in the respective tribes and may be exercised by their duly constituted organs of government." In 1953, Congress enacted Public Law 280 , which gave some states extensive jurisdiction over the criminal and civil controversies involving Indians on Indian lands. Many, especially Indians, continue to believe
8004-454: The dawn of the 21st century, the powers of tribal courts across the United States varied, depending on whether the tribe was in a Public Law 280 (PL280) state (Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin). The U.S. Supreme Court ruled in the 1978 decision Oliphant v. Suquamish Indian Tribe that tribes have no jurisdiction over non-Indians. Tribal courts maintain much criminal jurisdiction over their members, and because of
8120-522: The dehumanizing attitude toward Indigenous Americans that the US was founded on." Native American nations on the plains in the west continued armed conflicts with the U.S. throughout the 19th century, through what were called generally Indian Wars . Notable conflicts in this period include the Dakota War , Great Sioux War , Snake War , Colorado War , and Texas-Indian Wars . Expressing the frontier anti-Indian sentiment, Theodore Roosevelt believed
8236-757: The earlier Lone Wolf v. Hitchcock case, that "It is thoroughly established that Congress has plenary authority over Indians." The court held that, "the granting of citizenship in itself did not destroy ... jurisdiction of the Indian tribal courts and ... there was no intention on the part of Congress to do so." The adultery conviction and the power of tribal courts were upheld. Further, the court held that whilst no law had directly established tribal courts, federal funding "including pay and other expenses of judges of Indian courts" implied that they were legitimate courts. Iron Crow v. Oglala Sioux Tribe , 231 F.2d 89 (8th Cir. 1956) ("including pay and other expenses of judges of Indian courts"). At
8352-598: The early nineteenth century affirming the legal and political standing of Indian nations. Originally, the United States had recognized the Indian Tribes as independent nations, but after the Civil War, the U.S. suddenly changed its approach. The Indian Appropriations Act of 1871 had two significant sections. First, the Act ended United States recognition of additional Native American tribes or independent nations and prohibited additional treaties. Thus, it required
8468-433: The emergence of environmental justice movements in the United States through the 1990s, President Bill Clinton released executive orders 12898 (1994) and 13007 (1996). EO 12898 affirmed disparate impacts of climate change as stratified by socioeconomic status; EO 13007 ordered the protection of Native American cultural sites. Since the passage of EO 12898 and EO 13007, tribal prosecutors have litigated extensively against
8584-573: The federal government and industry polluters over land use and jurisdiction with varying degrees of success. In 2007, the U.N. adopted the Declaration on the Rights of Indigenous People ("The Declaration"), despite the United States voting against it along with Australia , New Zealand , and Canada . In 2010, President Barack Obama revisited The Declaration and declared that the U.S. government now supported it; however, as of December 2022,
8700-419: The federal government no longer interact with the various tribes through treaties, but rather through statutes: That hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power with whom the United States may contract by treaty: Provided, further, that nothing herein contained shall be construed to invalidate or impair
8816-530: The federal government. The United States Constitution specifically mentions American Indians three times. Article I, Section 2, Clause 3 and the Section 2 of the Fourteenth Amendment address the handling of "Indians not taxed" in the apportionment of the seats of the House of Representatives according to population and in so doing suggest that Indians need not be taxed. In Article I Section 8, Clause 3, Congress
8932-413: The federal or state governments and that the states did not have power to regulate commerce with the tribes, much less regulate the tribes. The states and tribal nations have clashed over many issues such as Indian gaming , fishing, and hunting. American Indians believed that they had treaties between their ancestors and the United States government, protecting their right to fish, while non-Indians believed
9048-977: The first Native American television channel; established Native American studies programs, tribal schools universities , museums, and language programs. Literature is at the growing forefront of American Indian studies in many genres, with the notable exception of fiction—some traditional American Indians experience fictional narratives as insulting when they conflict with traditional oral tribal narratives. The terms used to refer to Native Americans have at times been controversial . The ways Native Americans refer to themselves vary by region and generation, with many older Native Americans self-identifying as "Indians" or "American Indians", while younger Native Americans often identify as "Indigenous" or "Aboriginal". The term "Native American" has not traditionally included Native Hawaiians or certain Alaskan Natives , such as Aleut , Yup'ik , or Inuit peoples. By comparison,
9164-505: The geographical limit of the United States. ... The Indians owe no allegiance to a State within which their reservation may be established, and the State gives them no protection." Passed by Congress in 1887, the "Dawes Act" was named for Senator Henry L. Dawes of Massachusetts, Chairman of the Senate's Indian Affairs Committee. It came as another crucial step in attacking the tribal aspect of
9280-525: The greatest loss of life for Indigenous populations. "The decline of native American populations was rapid and severe, probably the greatest demographic disaster ever. Old World diseases were the primary killer. In many regions, particularly the tropical lowlands, populations fell by 90 percent or more in the first century after the contact." Estimates of pre-Columbian population of the United States vary from 4 to 18 million. Jeffrey Ostler writes: "Most Indigenous communities were eventually afflicted by
9396-402: The guarantees of the U.S. Bill of Rights applicable within the tribes. Since the 1960s, Native American self-determination movements have resulted in positive changes to the lives of many Native Americans, though there are still many contemporary issues faced by them . Today, there are over five million Native Americans in the US, about 80% of whom live outside reservations. The states with
9512-561: The highest percentage of Native Americans are Alaska , Oklahoma , New Mexico , South Dakota , Montana , and North Dakota . Beginning toward the end of the 15th century, the migration of Europeans to the Americas led to centuries of population, cultural, and agricultural transfer and adjustment between Old and New World societies, a process known as the Columbian exchange . Because most Native American groups had preserved their histories by means of oral traditions and artwork,
9628-541: The ideology known as manifest destiny became integral to the American nationalist movement. Westward expansion of European American populations after the American Revolution resulted in increasing pressure on Native Americans and their lands, warfare, and rising tensions. In 1830, the U.S. Congress passed the Indian Removal Act , authorizing the federal government to relocate Native Americans from their homelands within established states to lands west of
9744-521: The latter term can encompass a broader set of groups, e.g. Native Hawaiians , which it tabulates separately. The European colonization of the Americas from 1492 resulted in a precipitous decline in the size of the Native American population because of newly introduced diseases , including weaponized diseases and biological warfare by colonizers, wars , ethnic cleansing , and enslavement . Numerous scholars have classified elements of
9860-493: The law unfair because it imposed a system of laws on the tribal nations without their approval. In 1965 the United States Court of Appeals for the Ninth Circuit concluded that no law had ever extended provisions of the U.S. Constitution, including the right of habeas corpus , to tribal members brought before tribal courts. Still, the court concluded, "it is pure fiction to say that the Indian courts functioning in
9976-445: The model of environmental federalism operational today. Under this model, the federal EPA sets water, air, and waste disposal standards, but delegates enforcement authority and the opportunity to design stricter environmental regulations to each state. Enforcement authority over Native American territory, however, remains under federal EPA jurisdiction, unless a given tribe applies for and is granted Treatment as State (TAS) status. With
10092-478: The modern legal era, the courts and Congress have, however, further refined the often competing jurisdictions of tribal nations, states and the United States in regard to Indian law. In the 1978 case of Oliphant v. Suquamish Indian Tribe , the Supreme Court, in a 6–2 opinion authored by Justice William Rehnquist , concluded that tribal courts do not have jurisdiction over non-Indians (the Chief Justice of
10208-469: The modern real estate market. While Native Nations have made substantial progress in land and resource sovereignty, such authority is limited to land classified as 'Native American owned.' In the private real estate market, however, big industry polluters and hopeful miners have made a practice of buying out individual landowners in Native American residential areas, subsequently using that land to build mines or factories which increase local pollution . There
10324-561: The most; for example, when the government made 2 million acres (8,100 km ) of Indian lands available in Oklahoma, 50,000 white settlers poured in almost instantly to claim it all (in a period of one day, April 22, 1889). Evolution of relationships: The evolution of the relationship between tribal governments and federal governments has been glued together through partnerships and agreements. Also running into problems of course such as finances which also led to not being able to have
10440-510: The obligation of any treaty heretofore lawfully made and ratified with any such Indian nation or tribe. The 1871 Act also made it a federal crime to commit murder, manslaughter, rape, assault with intent to kill, arson, burglary, and larceny within any Territory of the United States. On April 10, 1883, five years after establishing Indian police powers throughout the various reservations, the Indian Commissioner approved rules for
10556-521: The political integrity, the economic security, or the health or welfare of the tribe." Other cases of those years precluded states from interfering with tribal nations' sovereignty. Tribal sovereignty is dependent on, and subordinate to, only the federal government, not states, under Washington v. Confederated Tribes of Colville Indian Reservation (1980). Tribes are sovereign over tribal members and tribal land, under United States v. Mazurie (1975). In Duro v. Reina , 495 U.S. 676 (1990),
10672-574: The problem was quickly resolved. King would later make trips to Arizona visiting Native Americans on reservations, and in churches encouraging them to be involved in the Civil Rights Movement. In King's book Why We Can't Wait he writes: Tribal sovereignty in the United States Tribal sovereignty in the United States is the concept of the inherent authority of Indigenous tribes to govern themselves within
10788-410: The problems of Virginia Indians in establishing documented continuity of identity, due to the work of Walter Ashby Plecker (1912–1946). As registrar of the state's Bureau of Vital Statistics, he applied his own interpretation of the one-drop rule , enacted in law in 1924 as the state's Racial Integrity Act. It recognized only two races: "white" and "colored". Plecker, a segregationist , believed that
10904-724: The promised non-voting tribal delegates in the United States House of Representatives , the Maine House of Representatives maintains three state-level non-voting seats for representatives of the Passamaquoddy , Maliseet , and the Penobscot . Two of the seats are currently not filled in protest over issues of tribal sovereignty and rights. Following industrialization, the 1800s brought many challenges to tribal sovereignty over tribal members' occupied lands in
11020-664: The proper authorities." In response to this decision, Congress passed the ' Duro Fix', which recognizes the power of tribes to exercise criminal jurisdiction within their reservations over all Indians, including non-members. The Duro Fix was upheld by the Supreme Court in United States v. Lara , 541 U.S. 193 (2004). In Iron Crow v. Oglala Sioux Tribe , the United States Supreme Court concluded that two Oglala Sioux defendants convicted of adultery under tribal laws, and another challenging
11136-709: The requirements of The Declaration have still not been adopted into U.S. law. As recently as 2015, the Gold King Mine contaminated three million gallons of water in the Colorado River which serves as drinking water for the Navajo and Hopi downstream. The federal EPA appropriated $ 156,000 in reparations for Gold King Mine, while the Flint, Michigan water crisis in 2014 received $ 80 million in federal funds. A recent challenge faced by Native Americans regarding land and natural resource sovereignty has been posed by
11252-511: The right to label arts and crafts as Native American and permission to apply for grants that are specifically reserved for Native Americans. But gaining federal recognition as a tribe is extremely difficult; to be established as a tribal group, members have to submit extensive genealogical proof of tribal descent and continuity of the tribe as a culture. In July 2000, the Washington State Republican Party adopted
11368-471: The same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money (this includes paper currency). In addition, there are a number of tribes that are recognized by individual states , but not by the federal government. The rights and benefits associated with state recognition vary from state to state. Many Native Americans and advocates of Native American rights point out that
11484-521: The same requirements as they did. The Muwekma Ohlone of the San Francisco Bay Area are pursuing litigation in the federal court system to establish recognition. Many of the smaller eastern tribes, long considered remnants of extinct peoples, have been trying to gain official recognition of their tribal status. Several tribes in Virginia and North Carolina have gained state recognition. Federal recognition confers some benefits, including
11600-660: The south in the late 1950s after they reached out to him. At that time the remaining Creek in Alabama were trying to completely desegregate schools in their area. In this case, light-complexioned Native children were allowed to ride school buses to previously all white schools, while dark-skinned Native children from the same band were barred from riding the same buses. Tribal leaders, upon hearing of King's desegregation campaign in Birmingham, Alabama, contacted him for assistance. He promptly responded and, through his intervention,
11716-613: The southern and western states. In the south segregation was a major problem for Native Americans seeking education, but the NAACP's legal strategy would later change this. Movements such as Brown v. Board of Education was a major victory for the Civil Rights Movement headed by the NAACP , and inspired Native Americans to start participating in the Civil Rights Movement. Martin Luther King Jr. began assisting Native Americans in
11832-535: The state as "colored" and gave them lists of family surnames to examine for reclassification based on his interpretation of data and the law. This led to the state's destruction of accurate records related to families and communities who identified as Native American (as in church records and daily life). By his actions, sometimes different members of the same family were split by being classified as "white" or "colored". He did not allow people to enter their primary identification as Native American in state records. In 2009,
11948-500: The state had recognized eight. This is related historically to the greater impact of disease and warfare on the Virginia Indian populations, as well as their intermarriage with Europeans and Africans. Some people confused ancestry with culture, but groups of Virginia Indians maintained their cultural continuity. Most of their early reservations were ended under the pressure of early European settlement. Some historians also note
12064-529: The state's Native Americans had been "mongrelized" by intermarriage with African Americans; to him, ancestry determined identity, rather than culture. He thought that some people of partial black ancestry were trying to " pass " as Native Americans. Plecker thought that anyone with any African heritage had to be classified as colored, regardless of appearance, amount of European or Native American ancestry, and cultural/community identification. Plecker pressured local governments into reclassifying all Native Americans in
12180-514: The states were responsible for regulating commercial and sports fishing. In the case Menominee Tribe v. United States in 1968, it was ruled that "the establishment of a reservation by treaty, statute or agreement includes an implied right of Indians to hunt and fish on that reservation free of regulation by the state". States have tried to extend their power over the tribes in many other instances, but federal government ruling has continuously ruled in favor of tribal sovereignty. A seminal court case
12296-474: The total extermination of the Indians. Having wronged them for centuries, we had better, in order to protect our civilization, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth. In the 20th century, Native Americans served in significant numbers during World War II, marking a turning point for Indigenous visibility and involvement in broader American society. Post-war, Native activism grew, with movements such as
12412-412: The tribal court must comply with every constitutional restriction that is applicable to federal or state courts." While many modern courts in Indian nations today have established full faith and credit with state courts, the nations still have no direct access to U.S. courts. When an Indian nation files suit against a state in U.S. court, they do so with the approval of the Bureau of Indian Affairs . In
12528-488: The tribal courts legitimacy. John Collier and Nathan Margold wrote the solicitor's opinion, "Powers of Indian Tribes" which was issued October 25, 1934, and commented on the wording of the Indian Reorganization Act . This opinion stated that sovereign powers inhered in Indian tribes except for where they were restricted by Congress. The opinion stated that "Conquest has brought the Indian tribes under
12644-717: The years leading up to it the U.S. government had continued to seize Lakota lands. A Ghost Dance ritual on the Northern Lakota reservation at Wounded Knee, South Dakota , led to the U.S. Army's attempt to subdue the Lakota. The dance was part of a religious movement founded by the Northern Paiute spiritual leader Wovoka that told of the return of the Messiah to relieve the suffering of Native Americans and promised that if they would live righteous lives and perform
12760-550: Was Worcester v. Georgia . Chief Justice Marshall found that "England had treated the tribes as sovereign and negotiated treaties of alliance with them. The United States followed suit, thus continuing the practice of recognizing tribal sovereignty. When the United States assumed the role of protector of the tribes, it neither denied nor destroyed their sovereignty." As determined in the Supreme Court case United States v. Nice (1916), U.S. citizens are subject to all U.S. laws even if they also have tribal citizenship. In July 2020,
12876-677: Was a very significant moment for the rights of Native Americans and other people of color. Native Americans faced racism and prejudice for hundreds of years, and this increased after the American Civil War . Native Americans, like African Americans, were subjected to the Jim Crow Laws and segregation in the Deep South especially after they were made citizens through the Indian Citizenship Act of 1924. As
12992-462: Was almost another century before United States courts determined what powers remained vested in the tribal nations. In the interim, as a trustee charged with protecting their interests and property, the federal government was legally entrusted with ownership and administration of the assets, land, water, and treaty rights of the tribal nations. The 1871 Act was affirmed in 1886 by the U.S. Supreme Court, in United States v. Kagama , which affirmed that
13108-687: Was applicable to incomes for 1924. The bottom rate, on income under $ 4,000, fell from 1.5% to 1.125% (both rates are after reduction by the " earned income credit "). A parallel act, the Indian Citizenship Act of 1924 ( Pub. L. 68–175 , H.R. 6355, 43 Stat. 253 , enacted June 2, 1924 ), granted all non-citizen resident Indians citizenship. Thus the Revenue Act declared that there were no longer any "Indians, not taxed" to be not counted for purposes of United States congressional apportionment . President Calvin Coolidge signed
13224-519: Was as follows: According to Office of Management and Budget, "American Indian or Alaska Native" refers to a person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. Despite generally referring to groups indigenous to the continental US and Alaska, this demographic as defined by the US Census Bureau includes all Indigenous people of
13340-823: Was expanded by the Tribal Law and Order Act of 2010 . While tribal nations do not enjoy direct access to U.S. courts to bring cases against individual states, as sovereign nations they do enjoy immunity against many lawsuits, unless a plaintiff is granted a waiver by the tribe or by congressional abrogation. The sovereignty extends to tribal enterprises and tribal casinos or gaming commissions. The Indian Civil Rights Act does not allow actions against an Indian tribe in federal court for deprivation of substantive rights, except for habeas corpus proceedings. Tribal and pueblo governments today launch far-reaching economic ventures, operate growing law enforcement agencies, and adopt codes to govern conduct within their jurisdiction, while
13456-526: Was introduced in 2000. If American Indian or Alaska Native was selected, the form requested the individual provide the name of the "enrolled or principal tribe". Censuses counted around 346,000 Native Americans in 1880 (including 33,000 in Alaska and 82,000 in Oklahoma, back then known as Indian Territory ), around 274,000 in 1890 (including 25,500 in Alaska and 64,500 in Oklahoma), 362,500 in 1930 and 366,500 in 1940, including those on and off reservations in
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