14. The impact of Supreme Courts and State Courts on Native American Civil Rights - Court during westward expansion

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  • Created by: Alasdair
  • Created on: 06-06-17 20:27
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  • 14. The impact of Supreme Courts and State Courts on Native American Civil Rights - Court during westward expansion
    • Lone Wolf v. Hitchcock
      • 1903
      • Court upheld Congress's right to revoke all treaties and therefore allowed government to take away even more land from NAs, overturning earlier court decisions that had been supportive of their rights
      • Example of how Court sided with Federal Government when breaking treaties to satisfy needs of  settlers and railway companies during Westward Expansion
      • Lone Wolf, a Kiowa Chief, along with Commanches had signed treaty with gov in 1967
        • Challenged government's right to ignore treaty and hand over millions of acres of land
      • Judgement made court's view of NAs very clear
        • 'Indian tribes are wards of the nation'
        • 'communities dependent on the United States'
        • 'Dependent for their political rights''
        • 'They own no allegiance to the states, and receive from them no protection'
        • 'Because of local ill feeling, the people of the states where they are found are often their deadliest enemies.'
        • 'From their very weakness and helplessness, so largely due to the course of dealing of the Federal government with them and the treaties in which it had been promised, there arises the duty of protection, and with it the power'
        • 'This has always been recognized by the executive and by Congress, and by this court, whenever the question has arisen'
    • Court held tribal consent to alter treaties would hurt NAs  and they should assume Congress would act to preserve their needs
    • Reports  from time clearly show approx. 90% of land allocated to NAs was lost due to Lone Wolf v. Hitchcock decision
    • Decision also meant NAs could appeal only to Congress over land disputes
    • Tendency was seen to continue with Supreme Court decision of 1913
      • Meant in 1921, Pueblo Indians lost much of their land as they were seen as incapable of managing it
    • State Supreme Courts
      • Held back rights of NAs, particularly when NAs challenges states in West who refused to extend franchise to them that had been guaranteed in 1924 Act
        • States able to secure upholding of their decision in State Supreme Courts and impose range of voting qualifications to exclude them

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