15.5. Important Supreme Court decisions concerning Native Americans in 1970s and 80s
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- Created on: 07-06-17 10:34
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- 15.5. Important Supreme Court decisions concerning Native Americans in 1970s and 80s
- Oneida v. Oneida and Madison Counties, New York
- 1974
- Oneida tribe brought case to Supreme Court to sue for return f their lands
- Important ruling as Court decided in favour of tribe
- Result was increase in number of actions taken by tribes to regain lands
- Fisher v. Montana
- 1976
- In past, NA children had often been forcibly removed from families as part of 'Americanisation' policy
- Decision of Supreme Court meant in future, tribal courts would decide on adoption
- It was not just significance of this that was important, also further move towards recognition of tribal courts
- United States v. Sioux Nation
- 1980
- SC ruling one of major tribes was entitle to significant compensation for loss of their lands encouraged others to pursue compensation for lost land in Black Hills of Dakota
- Sioux were awarded $17.5 million compensation and 5% interest a year since 1877, which gave them another $106 million
- Rejected compensation and preferred return of their land
- Seminole Tribe v. Butterworth
- 1982
- SC gave Seminole right to establish gambling enterprises on tribal land
- This went against state law, but in doing so ruled NAs had their own rights on their own land
- Charrier v. Bell
- 1986
- SC ruled remains dug from burial grounds in Louisiana belonged to NAs
- As result, states passed laws which protected NA burial lands
- Results of five SC cases established important principles over land claims, power of tribal courts and respect for NA culture
- Decisions began process of recovery of NA lands, gave tribes right of self-determination and showed much greater respect for traditions and culture than ever before
- Oneida v. Oneida and Madison Counties, New York
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