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Hist. 369: Final Study Guide

Terms in this set (27)

Who: U.S. Federal Government, John C. Calhoun, AIM, John Collier

When:1824-Present

Where: Washington, D.C.

What: Founded by then Secretary of War John C. Calhoun, the Bureau of Indian Affairs, or BIA, is responsible for overseeing 567 federally recognized tribes through 4 offices: Office of Indian Services, Office of Justice Services (OJS), Office of Trust Services, and The Office of Field Operations. The BIA has been criticized for sending Indian children to boarding schools in order to assimilate them, tribe termination, and Federal Relocation Program. Under FDR, BIA director John Collier attempted to enact reforms which benefited the Indians.

Why: The BIA is important because it is the branch of federal government which controls the tribes to this day. As a branch of the U.S. government with personnel on Indian reservations, BIA police were involved in political actions such as:The occupation of BIA headquarters in Washington, D.C. in 1972 by AIM members. They occupied the Department of Interior headquarters from November 3 to November 9, 1972. Feeling the government was ignoring them, the protesters vandalized the building. After a week, the protesters left, having caused $700,000 in damages. Many records were lost, destroyed or stolen, including irreplaceable treaties, deeds, and water rights records, which some Indian officials said could set the tribes back 50 to 100 years. The BIA was also at Wounded Knee Incident of 1973, where activists at the Pine Ridge Indian Reservation occupied land for more than two months and the Pine Ridge shootout (for which Leonard Peltier was convicted of killing two FBI agents).The BIA was implicated in supporting controversial tribal presidents, notably Dick Wilson, who was charged with being authoritarian; using tribal funds for a private paramilitary force, the Guardians of the Oglala Nation (or "GOON squad"), which he employed against opponents; intimidation of voters in the 1974 election; misappropriation of funds, and other misdeeds.Many native peoples continue to oppose policies of the BIA. In particular, problems in enforcing treaties, handling records and trust land incomes were disputed.In 2013 the Bureau was greatly affected by sequestration funding cuts of $800 million, which particularly affected the already-underfunded Indian Health Service.
Who: U.S. Federal Government, BIA, President Eisenhower, Secretary of the Interior

When:1956

Where: Indian Reservations nationwide

What: The Indian Relocation Act of 1956 (also known as Public Law 959 or the Adult Vocational Training Program) was a United States law intended to encourage Native Americans in the United States to leave Indian reservations, acquire vocational skills, and assimilate into the general population.The main text of the act empowers the Secretary of the Interior to fund and administer a program for vocational training for eligible American Indians. Through the first half of the 20th century, the majority of the American population had become increasingly urbanized, as cities were the places with jobs and related amenities. But in 1950, only 6% of Native Americans lived in urban areas.The plan of assimilation that was followed assumed that mainstreaming of Native Americans would be easier in metropolitan areas and there would be more work opportunities for them there. Quotas were implemented for processing relocatees. By 1954 approximately 6200 Native Americans had been relocated to cities.

Why: Part of the Indian termination policy of that era, which terminated the tribal status of numerous groups, it played a significant role in increasing the population of urban Indians in succeeding decades.Some Indians liked the idea of leaving the reservation, however, the Federal Relocation Program was later viewed, especially by AIM, as another attempt at forced assimilation and race annihilation at the hands of the US Government. Overall, the program had devastating long-term effects. Relocated tribe members became isolated from their communities and faced racial discrimination and segregation. Many found only low-paying jobs with little advancement potential, and suffered from the lack of community support, and the higher expenses typical for urban areas. They could not return to dissolved reservations.
Who: Dennis Banks, Alan Morsette, George Mitchell, George Mellessey, Herb Powless, Clyde Bellecourt, Vernon Bellecourt, Harold Goodsky, Eddie Benton-Banai, and a number of others in the Minneapolis Native American community. Russell Means, born Oglala Lakota, was an early leader in 1970s protests.

When: 1968-Present

Where: Minneapolis, Pine Ridge Reservation, Washington,DC, Alcatraz, throughout the US

What: Like an urban American Indian version of the Black Panthers formed by African American social activists, AIM initially addressed civil rights violations, but later broadened its scope to address human rights violations. Making steady progress, the movement has transformed policy making into programs and organizations that have served Indian people in many communities. These policies have consistently been made in consultation with spiritual leaders and elders.The success of these efforts is indisputable, but perhaps even greater than the accomplishments is the vision defining what AIM stands for.The movement was founded to turn the attention of Indian people toward a renewal of spirituality which would impart the strength of resolve needed to reverse the ruinous policies of the United States, Canada, and other colonialist governments of Central and South America. At the heart of AIM is deep spirituality and a belief in the connectedness of all Indian people. During the past thirty years, The American Indian Movement organized communities and created opportunities for people across the Americas and Canada. AIM is headquartered in Minneapolis with chapters in many other cities, rural areas and Indian Nations.

Why: From November 1969 to June 1971, AIM participated in the occupation of the abandoned federal penitentiary known as Alcatraz, organized by seven Indian movements, including the Indian of All Tribes and by Richard Oakes, a Mohawk who was afterwards murdered in Santa Clara, California, on September 20, 1972.In response to Oakes's murder and "to demand protection of Indians against the widespread vigilante action that had been inspired by AIM's insistence on Indian treaties," various Indian protest groups aligned to march on Washington as Richard Nixon's 1972 re-election campaign was underway. In October 1972, AIM and other Indian groups gathered members from across the US for a protest in Washington, D.C. known as the "Trail of Broken Treaties." According to public documents obtained under the Freedom of Information Act (FOIA), advanced coordination occurred between Washington, D.C.-based Bureau of Indian Affairs (the BIA staff) and the authors of a twenty-point proposal drafted with the help of the AIM for delivery to the U.S. government officials focused on proposals intended to enhance U.S.-Indian relations.After the final draft was ready, a four-mile-long cross-country automobile caravan carrying it departed from Seattle, Washington and arrived in Washington, D.C.. Assistant Secretary of the Interior Harrison Loesch, overseeing both the Bureau of Land Management (BLM) and BIA, suddenly cancelled all coordinated plans, including planned visitor housing accommodations for tribal chiefs traveling with the caravan.While awaiting housing for the chiefs, protesters began an impromptu sit-in protest and suddenly at six o'clock p.m., "Riot squads start busting down the doors trying to evict us, and they grab one of our guys and beat the hell out of him."On February 27, 1973, at large public meeting of 600 Indians at Calico Hall organized by Pedro Bissonette of Oglala Sioux Civil Rights Organization (OSCRO) and addressed by AIM leaders Banks and Russell Means. Demands were made for investigations into vigilante incidents and for hearings on their treaties, and permission given by the tribal elders to make a stand at Wounded Knee.In the decades since AIM's founding, the group has led protests advocating indigenous American interests, inspired cultural renewal, monitored police activities, and coordinated employment programs in cities and in rural reservation communities across the United States.
Who: AIM, BIA, John Trudell, Richard Oakes

When: 1969-1971

Where: Alcatraz Island, San Francisco

What: The Occupation of Alcatraz was an occupation of Alcatraz Island by 89 American Indians who called themselves Indians of All Tribes (IOAT). According to the IOAT, under the Treaty of Fort Laramie (1868) between the U.S. and the Lakota, all retired, abandoned or out-of-use federal land was returned to the Native people who once occupied it. Since Alcatraz penitentiary had been closed on March 21, 1963, and the island had been declared surplus federal property in 1964, a number of Red Power activists felt the island qualified for a reclamation. The Alcatraz Occupation lasted for nineteen months, from November 20, 1969, to June 11, 1971, and was forcibly ended by the U.S. government.

Why: The Occupation of Alcatraz had a direct effect on federal Indian policy and, with its visible results, established a precedent for Indian activism. Much of the Indian rights activism of the period can be traced to the Occupation of Alcatraz. The Trail of Broken Treaties, the BIA occupation, the Wounded Knee incident, and the Longest Walk all have their roots in the occupation. The American Indian Movement noted from their visit to the occupation that the demonstration garnered national attention, while those involved faced no punitive action. When AIM members seized the Mayflower II on Thanksgiving, 1970, the Occupation of Alcatraz was noted as "the symbol of a newly awakened desire among Indians for unity and authority in a white world." The occupation of Alcatraz Island served as a strong symbol and uniting force for indigenous peoples everywhere because of the importance the island held in their ancestors' lives.
Who: AIM, Richard Wilson, Russell Means, Dennis Banks, Carter Camp, BIA, US Marshals, FBI

When: 1973

Where: Wounded Knee Site, Pine Ridge Indian Reservation, South Dakota

What: The Wounded Knee incident began on February 27, 1973, when approximately 200 Oglala Lakota and followers of the American Indian Movement (AIM) seized and occupied the town of Wounded Knee, South Dakota, on the Pine Ridge Indian Reservation. The protest followed the failure of an effort of the Oglala Sioux Civil Rights Organization (OSCRO) to impeach tribal president Richard Wilson, whom they accused of corruption and abuse of opponents. Additionally, protesters criticized the United States government's failure to fulfill treaties with Native American people and demanded the reopening of treaty negotiations. Oglala and AIM activists controlled the town for 71 days while the United States Marshals Service, FBI agents, and other law enforcement agencies cordoned off the area. The activists chose the site of the 1890 Wounded Knee Massacre for its symbolic value. Both sides were armed, and shooting was frequent. A U.S. marshal was shot and paralyzed in March. A Cherokee and an Oglala Lakota were killed by shootings in April 1973.

Why: The occupation attracted wide media coverage, especially after the press accompanied the two U.S. senators from South Dakota to Wounded Knee. The events electrified American Indians, who were inspired by the sight of their people standing in defiance of the government which had so often failed them. Many American Indian supporters traveled to Wounded Knee to join the protest. At the time there was widespread public sympathy for the goals of the occupation, as Americans were becoming more aware of longstanding issues of injustice related to American Indians. Afterward AIM leaders Dennis Banks and Russell Means were indicted on charges related to the events, but their 1974 case was dismissed by the federal court for prosecutorial misconduct, a decision upheld on appeal. Wilson stayed in office and in 1974 was re-elected amid charges of intimidation, voter fraud, and other abuses. The rate of violence climbed on the reservation as conflict opened between political factions in the following three years; residents accused Wilson's private militia, Guardians of the Oglala Nation (GOONs), of much of it. More than 60 opponents of the tribal government died violently during those years, including Pedro Bissonette, director of the Oglala Sioux Civil Rights Organization (OSCRO).
Who: Quanah Parker, Native Americans in general

When: 1890-Present, 1978

Where: Oklahoma, United States, Canada, and Mexico

What: The Native American Church (NAC), also known as Peyotism and Peyote Religion, is a Native American religion that teaches a combination of traditional Native American beliefs and Christianity, with sacramental use of the entheogen peyote. The religion originated in the U.S. State of Oklahoma in the late nineteenth century after peyote was introduced to the southern Great Plains from Mexico. Today it is the most widespread indigenous religion among Native Americans in the United States, Canada, and Mexico, with an estimated 250,000 adherents as of the late twentieth century. Many denominations of mainstream Christianity made attempts to convert Native Americans to Christianity in Indian Country. These efforts were successful for many Native American tribes reflect Christian creed, including the Native American Church. Although conversion to Christianity was a slow process, the tenets of the Native American Church were readily accepted. Originally formed in the state of Oklahoma, the Native American Church is monotheistic, believing in a supreme being, called the Great Spirit. The tenets of the Native American Church regard "peyote" as a sacred and holy sacrament and use it as a means to communicate with the Great Spirit (God).

Why: As the United States government became more involved in the control of drugs, the Native American Church faced possible legal issues regarding their use of the substance. The Indian Religious Freedom Act of 1978, also called the American Indian Religious Freedom Act, was passed to provide legal protection for the Church's use of peyote. The controversy over peyote resulted in its legal classification as a controlled drug. Thus, only card-carrying members of the Native American Church are allowed to transport, possess, and use peyote for religious purposes.
Who: AIM, Russell Means

When: 1972-1976

Where: Pine Ridge, South Dakota

What: Richard A. "Dick" Wilson (April 29, 1934-January 31, 1990) was elected chairman (also called president) of the Oglala Lakota Sioux of the Pine Ridge Indian Reservation in South Dakota, where he served from 1972-1976, following re-election in 1974. Following complaints about his favoring friends and family in award of jobs and suppressing political opponents with his private militia, Guardians of the Oglala Nation (GOONs), members of the tribal council brought impeachment charges against him in February 1973. The prosecution was unprepared when Wilson said he was ready to go to trial, and the hearing closed without trial. No impeachment proceedings were renewed.Several hundred Lakota people marched in protest, demanding the removal of Wilson from office. US Marshals were assigned to protect Wilson and his family. Leaders of the American Indian Movement (AIM) and Lakota supporters occupied the town of Wounded Knee, and a 71-day armed siege resulted, known as the Wounded Knee Incident. More than 50 of Wilson's opponents died violently in the next three years.The 1974 tribal chairman election was disputed, and a US Civil Rights Commission investigation showed electoral abuses amid fear and violence, and reported the election as invalid. A federal court upheld the results of the election and Wilson won. Political violence continued on the reservation. After being strongly defeated in the 1976 election for tribal chairman, Wilson moved with his family off the reservation.

Why: On February 27, four days after the termination of Wilson's impeachment trial, local protesters and AIM activists seized the town of Wounded Knee, in protest of the outcome of the impeachment hearing. They demanded Wilson's removal from office.The resulting standoff with law enforcement lasted seventy-one days, resulted in two protesters dead and one marshal paralyzed and drew national attention to the issues of Native American rights and conflicts on the reservation. While the standoff was underway, Wilson tried again to suspend Long from the Vice Chairmanship. He also fired tribal employees who had protested against him. On April 4, 1973 a group of AIM Wounded Knee occupants were caught by FBI Agents while leaving Wounded Knee. They were heavily armed and had a list of names of people who were to be "done away with". Wilson and members of his "GOON squad" were on the list.Violent conflict on the reservation continued after the resolution of the Wounded Knee incident. In the three years that followed, more than 50 opponents of Wilson died violently.
Who: Reservation Indians

When: 1953

Where: Tribal nations in the United States

What: Public Law 280, August 15, 1953, is a federal law of the United States establishing a method whereby States may assume jurisdiction over reservation Indians. The Act mandated a transfer of federal law enforcement authority within certain tribal nations to state governments in six states: California, Minnesota (except the Red Lake Nation), Nebraska, Oregon (except the Warm Springs Reservation), Wisconsin (except later the Menominee Indian Reservation) and, upon its statehood, Alaska. Other states were allowed to elect similar transfers of power if the Indian tribes affected give their consent. Since then, Nevada, South Dakota, Washington, Florida, Idaho, Montana, North Dakota, Arizona, Iowa, and Utah have assumed some jurisdiction over crimes committed by tribal members on tribal lands.

Why: The Act added to a complex matrix of jurisdictional conflict that defined tribal governance at the end of the 20th century. In various states, local police, tribal police, BIA police, and the FBI are the arms of a law enforcement system that enforces laws of tribes, states and the federal government. Under the Act, states, local sheriffs and state law enforcement agencies take tribal members to state courts for prosecution in cases arising from criminal matters within reservation boundaries. But most tribal governments and pueblos have also adopted their own codes, and administer court systems to adjudicate violations of the code. In states where the Act has not been applied, Bureau of Indian Affairs (BIA) police respond to major crimes on reservations or pueblos. The FBI joins in investigations of the most serious criminal matters such as murders or kidnappings. In those states, when allegations against tribal members arise from crimes on a reservation, the United States Attorney cites violations of the United States Code in a United States district court. Tribal and pueblo police also enforce local codes in "non-PL 280" states.
Who: Reservation Indians

When: 1934

Where: Tribal nations in the United States

What: 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 the tribal courts legitimacy. In 1956, a U.S. Court concluded no law had ever established tribal courts, but nonetheless, decades of federal funding implied that they were legitimate courts. The Indian Civil Rights Act, however, limits tribal punishment to one year in jail and a $5,000 fine. Tribal Courts have no criminal jurisdiction over non-Indians. In PL280 states, the state has been granted criminal and civil adjudicatory jurisdiction over activities in Indian Country. In non-PL280 states, Indian on Indian crime in Indian Country may be prosecuted in federal court if the crime is one of those listed in the Major Crimes Act. Indian on non-Indian crime in Indian Country will be prosecuted in federal court, either from the MCA, or the Indian Country Crimes Act (unless the Indian was punished by the tribe). Non-Indian on Indian crime in Indian Country will be prosecuted in federal court using ICCA. Non-Indian on non-Indian crime in Indian Country will be prosecuted by the state.

Why: 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. At 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 state (Alaska, California, Minnesota, Nebraska, Oregon, and Wisconsin) or not. Tribal courts maintain much criminal jurisdiction over their members and over non-member Indians regarding crime on tribal land.
Who: Native Americans in the United States

When: 1975-Present

Where: Tribal nations in the United States

What: The Office of Federal Acknowledgment (OFA) within the Office of the Assistant Secretary - Indian Affairs of the Department of the Interior (Department) implements Federal Acknowledgment of American Indian Tribes. The acknowledgment process is the Department's administrative process by which petitioning groups that meet the criteria are given Federal "acknowledgment" as Indian tribes and by which they become eligible to receive services provided to members of Indian tribes. By applying anthropological, genealogical, and historical research methods, OFA reviews, verifies, and evaluates groups' petitions for Federal acknowledgment as Indian tribes. here are 567 federally recognized tribal governments in the United States. Non-Acknowledged Tribes are tribes which have no federal designation as sovereign entities. Federally Non-Recognized tribes refers to a subgroup of non-acknowledged tribes which had some sort of recognition by the British prior to the formation of the United States or by the United States but which were determined by the government to no longer exist as an Indian tribe or no longer meet the criteria for a nation to nation status.

Why: The United States recognizes the right of these tribes to self-government and supports their tribal sovereignty and self-determination. These tribes possess the right to establish the legal requirements for membership.They may form their own government, enforce laws (both civil and criminal), tax, license and regulate activities, zone, and exclude people from tribal territories. Limitations on tribal powers of self-government include 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. U.S. Government agencies may have varied definitions of "Indian." For example, the National Center for Health Statistics currently assigns the mother's race to a child born to parents of different "races". When people give multiracial responses to questions of heritage, only the first race is entered. The 1978 American Indian Religious Freedom Act uses a two-part definition which is especially influential. It defines an Indian as a person who belongs to an Indian Tribe, which in turn is a group that "is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians."
Thesis statement: The Indian Gaming Compact, The Indian Child Welfare Act, the Treaty of Fort Laramie, which subsequently leads to the Occupation of Alcatraz, in addition to the Indian Reorganization Act are all ways in which Native Americans have used treaty rights and tribal sovereignty to significantly improved Native communities.
● Point #1: Indian Gaming Compact brings about monetary success, aiding in community in combating social epidemics , which plagued reservation, alcoholism and depression. Downside only a few tribes profit.
● Point #2: The Indian Child Welfare Act gave tribal courts more power over child custody cases. The ICWA provided security and stability for native families from child protection services. Unfortunately, this led to corruption of power and broke up families with native children who are mixed race.
● Point #3: Treaty of Fort Laramie leads to Occupation of Alcatraz which led to widespread media interest sparking constructive social commentary on native existence in America. Unfortunately, the natives who partook in the protests either became martyrs or lost something of significant value like a loved one.
● Point #4: The Indian Reorganization Act organized "unfair" allotment of native land to benefit the Native American communities. The downside was that the land was desolate or remote which limited growth and prosperity for most native communities.
● Point #5: Treaty Rights are the inherent rights that Native Americans have by law under the treaties set forth with the Federal Government of the United States. Sovereignty is the right of Tribal Nations to self-determination and self-government, along with the right to vote for their own leadership, enact and enforce their own laws, and conduct their own tribal courts.