Overview
This lecture provides a concise history of U.S. Federal Indian Policy, detailing major policy eras, key court cases, and the evolving relationship between tribes and the federal government.
The Role of Congress and Policy Shifts
- Congress crafts both law and policy, making them inseparable in Federal Indian Law.
- Federal Indian Policy has oscillated between tribal autonomy and assimilation into mainstream society.
- Policy changes reflect ongoing societal conflicts over the so-called "Indian problem."
- Historical shifts resulted in overlapping, sometimes contradictory statutes, treaties, and case law.
Major Policy Eras in U.S. Indian Law
- Colonial Era (pre-1789): Tribes treated as nations; international law and treaties used; Proclamation of 1763 set boundaries.
- Early Republican Era (1789–1830): Constitution gives Congress control of Indian affairs; Indian Trade and Non-Intercourse Act of 1790 criminalizes unauthorized land purchases.
- Removal Era (1820–1860): Indian Removal Act of 1830 initiated forced relocation of eastern tribes westward (Trail of Tears).
- Reservation Era (1850–1887): Shift from removals; reservations established; Indian affairs moved to the Department of the Interior; Major Crimes Act (1885) first federal intrusion into tribal internal matters.
- Allotment and Assimilation Era (1871–1934): General Allotment Act (1887) divided tribal lands; boarding schools enforced assimilation; tribal land base vastly reduced.
- Reorganization Era (1928–1950): Indian Reorganization Act (1934) ended allotment and promoted tribal self-governance and land reacquisition.
- Termination Era (1945–1970): Over 100 tribes lost federal recognition; Public Law 280 transferred jurisdiction to states; Indian Claims Commission Act (1946).
- Self-Determination Era (1968–present): Emphasis on tribal sovereignty, self-governance, and economic self-sufficiency; supportive statutes passed.
Key Court Cases and Doctrines
- Johnson v. M'Intosh (1823): Introduced Indian Title (right of occupancy) and diminished tribal land rights.
- Cherokee Nation v. Georgia (1831): Defined tribes as "domestic dependent nations."
- Worcester v. Georgia (1832): Affirmed tribal and federal sovereignty over state law in Indian Country.
- United States v. Kagama (1886): Upheld congressional plenary power over Indian affairs as extra-constitutional.
- Lone Wolf v. Hitchcock: Affirmed virtually unlimited congressional authority over Indian affairs.
Key Terms & Definitions
- Indian Title (Aboriginal Title) — Right of tribes to occupy land, not full legal title.
- Domestic Dependent Nation — Status of tribes as sovereign yet dependent on the federal government.
- Plenary Power — Complete authority of Congress over Indian affairs.
- Allotment — Division of tribal communal land into individual parcels.
- Termination — Policy ending federal recognition of tribes and special relationships.
Action Items / Next Steps
- Note the policy era relevant to each statute or case studied.
- Prepare for the next lecture on the Marshall Trilogy and federal roles in Indian Country.