Major Legislation and Policies Affecting American Indians
US Constitution: Regulates commerce with Indians and establishes a nation-to-nation status. The Supreme Court ruled in 1824 that Indians are “domestic, dependent nations,” subject to the power of the US government.
Indian Removal Act of 1830. Tribes east of the Mississippi were moved to the west under a "voluntary" program.
As white settlement proceeded west, tribes were forced to sign treaties with the US government and were confined to reservations in this era, and became dependent upon the federal government. Treaties are the highest law of the land and never become “null and void” unless Congress specifically passes and act to do so. Indians gave up land but reserved land and the right to hunt and fish in “usual and accustomed places.” The US government promised education and healthcare for Indians. The Spokane Tribe signed a treaty with the US in 1855.
The compulsory boarding school program started in this era. Indian children were taken from their parents and sent to boarding schools that outlawed their dress, language and religion and tried to replace these with English, Christianity and Euro-American values.
General Allotment Act of 1887 or The Dawes Act. Divided communally held reservation land into 125 acre parcels, making Indians individual property owners and destroying the system of communally held land and seasonal rounds. This greatly reduced the tribe’s land base, as the “surplus” was sold by the government to white settlers. Allottees become United States citizens.
The Citizenship Act of 1924. Confers citizenship upon all Indians born within the United States. So many Indians volunteered to fight in WWI, Congress felt it important to give Indians citizenship. Indians have dual citizenship: they are citizens of the U.S. and their own nations.
Indian Reorganization Act (1928). Tribes should exist indefinitely. This law protected the Indian land base and ended the process of allotment and extended the trust period indefinitely.
Freedom from Federal Supervision Act (1953), “Termination Act” - saw the end of Indians as wards of the U.S. Several tribes were "terminated" by statute. The US government wanted out of the treaties it made with the tribes, and moved many Indians off the reservations and into cities. Indians strongly resisted this Act and was it was rescinded fairly quickly.
American Indian Civil Rights Act (1968). Guarantees US civil rights for Indians. As an example of an abuse, Indian Health Service doctors sometimes sterilized Indian women without their knowledge.
Indian Child Welfare Act (1978). Stops the practice of adopting Indian children out to white families without first trying to find suitable Indian families for Indian children.
Native America Graves Repatriation Act (1990). Requires museums and other institutions to inventory their Native American artifacts and requires the return of skeletons and artifacts to the tribes from which they were taken.
Indian Gaming Regulatory Act (1998). Allows gambling for Indian tribes based on agreements tribes make with the State in which they are located. This has created an economic boon for some tribes, where unemployment is extremely high.