14.3 Resistance to termination and the fight for tribal sovereignty

Southwestern tribes fought hard against termination policies that threatened their sovereignty. They used legal challenges, lobbying, and grassroots activism to resist. Tribes also formed alliances like the National Congress of American Indians to coordinate their efforts nationally.

Native American activism played a crucial role in the struggle against termination. Grassroots organizations mobilized communities, built coalitions, and pressured the government for change. This activism helped shift policies towards greater tribal autonomy and self-determination.

Resistance to Termination Policies

Strategies and Tactics Employed by Southwestern Tribes

• Southwestern tribes employed various forms of resistance to fight against termination policies that threatened their tribal sovereignty and cultural identity
  • Legal challenges
  • Political lobbying
  • Grassroots activism
• Tribes formed intertribal organizations and alliances to coordinate their resistance efforts and advocate for their rights on a national level
  • National Congress of American Indians (NCAI)
  • Association on American Indian Affairs (AAIA)
• Tribes utilized media to raise awareness about the detrimental effects of termination policies and garner public support for their cause
  • Newspapers
  • Radio broadcasts
• Tribal leaders and activists engaged in direct negotiations with federal officials and policymakers
  • Voiced opposition to termination
  • Proposed alternative solutions that would preserve their tribal status and self-determination
• Some tribes resorted to more confrontational tactics to draw attention to their plight and demand an end to termination policies
  • Protests
  • Occupations of federal buildings (Klamath of Oregon)

Impact of Intertribal Organizations and Alliances

• Intertribal organizations and alliances played a crucial role in coordinating resistance efforts and advocating for tribal rights on a national level
• The National Congress of American Indians (NCAI), founded in 1944, served as a powerful voice for tribal interests
  • Worked to educate the public and policymakers about the importance of tribal sovereignty
  • Highlighted the negative impacts of termination
• The Association on American Indian Affairs (AAIA), established in 1922, provided essential support to tribes facing termination
  • Legal assistance
  • Helped navigate the complex federal bureaucracy to protect their rights
• These organizations fostered unity and solidarity among diverse tribal nations in the face of a common threat
• Enabled tribes to pool resources, share strategies, and present a united front in their resistance to termination policies

Advocacy for Tribal Rights

Role of Native American Activism

• Native American activism played a crucial role in the fight against termination by mobilizing tribal communities and raising awareness about the issues
• Grassroots organizations emerged in the 1960s and 1970s to challenge the ongoing injustices faced by Native communities, including the lingering effects of termination policies
  • Indians of All Tribes
  • American Indian Movement (AIM)
• Native American activists worked to build coalitions with other civil rights movements and advocacy groups
  • Amplified their message
  • Gained broader support for their cause
• Activism helped push for the passage of key legislation that marked a shift away from termination policies and towards greater tribal autonomy
  • Indian Self-Determination and Education Assistance Act of 1975

Grassroots Mobilization and Pressure on Federal Government

• Grassroots organizations and activists mobilized tribal communities to take action against termination policies
  • Organized protests, demonstrations, and occupations
  • Engaged in direct action to draw attention to their cause
• Activists pressured the federal government to change its policies through various means
  • Lobbying efforts
  • Media campaigns
  • Public education initiatives
• Grassroots pressure helped create a political and social climate more receptive to tribal rights and sovereignty
• Activism played a vital role in pushing for legislative changes and policy reforms that benefited Native American communities

Effectiveness of Legal Challenges

Asserting Tribal Rights through Litigation

• Legal challenges proved to be a powerful tool for tribes in their fight against termination
• Tribes filed lawsuits arguing that termination violated their rights and sovereignty
  • Violated treaty obligations
  • Infringed upon inherent sovereignty
  • Deprived them of land and resources without due process or just compensation
• Some notable legal victories included:
  • 1973 Menominee Restoration Act, which overturned the termination of the Menominee tribe of Wisconsin
  • 1983 Siletz Restoration Act, which restored federal recognition to the Confederated Tribes of Siletz Indians of Oregon
• Legal challenges helped assert tribal rights and challenge the constitutionality of termination policies in court

Limitations and Challenges of Legal Strategies

• Legal challenges were not always successful in overturning termination policies
• Courts often deferred to Congress's plenary power over Indian affairs
  • Upheld termination policies as a valid exercise of that power
• Litigation could be costly and time-consuming for tribes with limited resources
• Legal victories did not always translate into immediate or comprehensive policy changes
• Despite limitations, legal challenges helped gradually shift the legal landscape in favor of tribal sovereignty and self-determination

Key Events in the Termination Struggle

Legislative Milestones and Policy Shifts

• The Indian Claims Commission Act of 1946 provided a legal avenue for tribes to seek compensation for land and resources taken by the federal government
• House Concurrent Resolution 108 in 1953 marked the official beginning of the Termination Era
  • Called for the end of the federal government's trust relationship with Native American tribes
  • Aimed to assimilate Native peoples into mainstream American society
• The Menominee Termination Act of 1954 served as a model for subsequent termination legislation
  • Had devastating consequences for the Menominee tribe (loss of reservation, federal benefits, and tribal identity)
• The Indian Civil Rights Act of 1968 extended many of the protections of the Bill of Rights to tribal governments
  • Helped curb some of the abuses that had occurred under termination policies
• The Indian Self-Determination and Education Assistance Act of 1975 marked a significant shift in federal Indian policy
  • Promoted greater tribal control over federal programs and services
  • Laid the groundwork for a new era of government-to-government relations between tribes and the federal government

Landmark Protests and Occupations

• The occupation of Alcatraz Island by the Indians of All Tribes from 1969 to 1971 brought national attention to the ongoing struggles of Native American communities
  • Helped galvanize the Red Power movement
• The Trail of Broken Treaties in 1972, a cross-country protest march organized by AIM and other Native activists
  • Culminated in the occupation of the Bureau of Indian Affairs building in Washington, D.C.
  • Presented a 20-point list of demands for greater tribal sovereignty and self-determination
• The Wounded Knee occupation of 1973, led by AIM, drew international attention to the ongoing violations of Native American rights
  • Helped further the cause of tribal sovereignty
• These landmark events raised public awareness, generated media coverage, and put pressure on the federal government to address Native American grievances