Intro to Native American Studies

4.3 Federal Indian policies: from removal to self-determination

Citation:

Federal Indian policies have drastically changed over time, from forced removal to self-determination. Early policies focused on relocating tribes and seizing their lands, while later efforts aimed to assimilate Native Americans into mainstream society.

Recent decades have seen a shift towards tribal sovereignty and self-governance. The government now supports Native American communities in managing their own affairs, though challenges remain in balancing tribal traditions with federal oversight.

Indian Removal and Allotment

Forced Relocation and Land Seizure

Indian Removal Act (1830) authorized forcible relocation of Native American tribes from southeastern United States to western territories
Resulted in infamous Trail of Tears where thousands of Cherokee died during forced march westward
Aimed to open up valuable lands for white settlers and gold prospectors
Affected tribes included Cherokee, Chickasaw, Choctaw, Muscogee-Creek, and Seminole (Five Civilized Tribes)
Violated numerous previously established treaties between tribes and U.S. government

Fragmentation of Tribal Lands

Dawes Act (1887) divided tribal lands into individual allotments
Aimed to break up communal land ownership and force assimilation into American society
Allotted 160 acres to each family head, 80 acres to single adults
Excess lands sold to non-Native settlers, drastically reducing tribal land holdings
Resulted in loss of over 90 million acres of Native American lands by 1934

Forced Cultural Assimilation

Assimilation policies aimed to eradicate Native American cultures and languages
Established boarding schools to "civilize" Native American children
Children forcibly removed from families, prohibited from speaking native languages or practicing cultural traditions
Focused on teaching English, Christianity, and Euro-American customs
Led to generational trauma and loss of cultural knowledge in many Native communities

Reorganization and Termination

Attempted Reforms and Tribal Governance

Indian Reorganization Act (1934) aimed to reverse harmful effects of allotment policies
Ended further allotment of tribal lands
Restored surplus lands to tribal ownership
Encouraged creation of tribal constitutions and self-government
Established revolving credit fund for tribal economic development projects
Faced criticism for imposing Western-style governance structures on tribes

Federal Withdrawal and Tribal Dissolution

Termination policy (1940s-1960s) sought to end federal recognition and support of tribes
Aimed to assimilate Native Americans into mainstream society by dissolving tribal governments
Resulted in loss of federal services, land, and tribal status for affected tribes
Over 100 tribes terminated, including Menominee (Wisconsin) and Klamath (Oregon)
Led to increased poverty and loss of cultural identity in terminated communities

Urban Migration and Cultural Challenges

Relocation program (1950s-1960s) encouraged Native Americans to move from reservations to urban areas
Promised job training and assistance but often left relocatees in poverty
Resulted in large urban Native American populations in cities like Los Angeles, Chicago, and Minneapolis
Created challenges for maintaining tribal connections and cultural practices in urban settings
Led to formation of urban Native American organizations and pan-Indian cultural movements

Federal Recognition Process

Tribal recognition process established formal criteria for federal acknowledgment of tribes
Required tribes to demonstrate continuous existence, community, and political authority
Allowed previously unrecognized or terminated tribes to seek federal status
Resulted in recognition of tribes like Mashpee Wampanoag (Massachusetts) and Little Shell Chippewa (Montana)
Remains a complex and often lengthy process for many tribes seeking recognition

Self-Determination

Civil Rights and Tribal Sovereignty

Indian Civil Rights Act (1968) extended most provisions of Bill of Rights to tribal governments
Required tribal courts to respect fundamental civil rights of individuals
Established limitations on tribal governments' powers similar to U.S. Constitution
Aimed to balance individual rights with tribal sovereignty
Created tension between tribal traditional governance and imposed Western legal concepts

Tribal Control and Federal Support

Indian Self-Determination and Education Assistance Act (1975) marked shift towards greater tribal autonomy
Allowed tribes to contract with federal government to administer their own education, health, and social service programs
Provided federal funding and technical assistance for tribally-run programs
Aimed to improve service delivery and increase tribal control over local affairs
Led to significant expansion of tribal governments and administrative capacities

Key Terms to Review (20)

Indian Removal Act: The Indian Removal Act, enacted in 1830, was a U.S. law that authorized the forced relocation of Native American tribes from their ancestral lands in the southeastern United States to designated 'Indian Territory' west of the Mississippi River. This act symbolizes a broader pattern of governmental policies aimed at displacing Indigenous peoples, leading to significant historical and contemporary consequences for Native American communities.

Trust Responsibility: Trust responsibility is a legal and ethical doctrine that holds the federal government accountable for protecting the rights and welfare of Native American tribes and their lands. This principle emphasizes the obligation of the government to act in the best interest of tribes, fostering a relationship built on trust, protection, and support, which impacts various aspects of tribal governance and relations with state and federal entities.

Assimilation policies: Assimilation policies refer to the strategies and practices implemented by the government aimed at integrating Native Americans into Euro-American culture, often at the expense of their own identities and traditions. These policies were a significant part of U.S. federal Indian policy, moving from forced removal and relocation to efforts that sought to erase Indigenous cultures, with the ultimate goal of making Native Americans adopt mainstream American lifestyles. Such policies have had lasting effects on Native communities and their cultural heritage.

Cultural genocide: Cultural genocide refers to the systematic destruction of a group's cultural heritage and identity, often carried out through policies and actions that aim to erase the cultural practices, languages, and beliefs of a targeted community. This term highlights the ways in which dominant societies seek to eliminate the cultural expressions of marginalized groups, leading to profound and lasting impacts on those communities.

Carlisle Indian School Founder: The Carlisle Indian School was established in 1879 by Richard Henry Pratt as a federally funded institution aimed at assimilating Native American children into Euro-American culture. Pratt's motto, 'Kill the Indian, save the man,' reflected the school's philosophy of stripping away Indigenous identities and replacing them with Western ideals, which is significant in understanding federal Indian policies from removal to self-determination.

Red Power Movement: The Red Power Movement was a political and cultural movement that emerged in the 1960s and 1970s, advocating for the rights and self-determination of Native American peoples in the United States. It sought to address social injustices, promote cultural pride, and challenge federal policies that undermined tribal sovereignty, playing a crucial role in reshaping social structures and political organizations among Native communities.

Henry Dawes: Henry Dawes was a U.S. Senator and a key architect of federal Indian policy in the late 19th century, most notably known for the Dawes Act of 1887. This act aimed to assimilate Native Americans into American society by allotting individual plots of land to Native families, breaking up tribal lands and undermining communal living. His policies marked a significant shift in federal approaches from removal to attempts at integration.

Termination policy: Termination policy refers to a series of U.S. government initiatives aimed at assimilating Native Americans into mainstream American society by ending the special relationship between tribes and the federal government. This approach, prominent in the 1950s, sought to dissolve tribal sovereignty and eliminate federal support, leading to the loss of land and resources for many Native communities. The impact of this policy is still felt today, especially in the context of historical land disputes and the ongoing struggle for self-determination.

Relocation program: The relocation program refers to a series of policies and initiatives in the mid-20th century aimed at moving Native Americans from rural reservations to urban areas, with the intention of promoting assimilation into mainstream American society. This program was part of a broader set of federal Indian policies that transitioned from removal and termination to self-determination, impacting the lives and cultures of many Indigenous communities.

Tribal sovereignty: Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves and make decisions regarding their internal affairs without external interference. This concept is essential for understanding the political independence of Native nations, their social structures, and their relationships with federal and state governments.

Indian Reorganization Act: The Indian Reorganization Act, passed in 1934, aimed to reverse the assimilation policies of the Dawes Act and promote self-governance among Native American tribes. This act allowed tribes to establish their own governments and provided federal funds for economic development, ultimately marking a shift from a policy of removal and assimilation to one of self-determination.

Nation-to-nation relationship: A nation-to-nation relationship refers to the formal interactions and agreements between sovereign nations, recognizing each other's autonomy and rights. This concept emphasizes the mutual respect and legal recognition of Indigenous nations as distinct political entities within the broader context of U.S. federal policy, particularly as it evolved from removal practices to self-determination efforts.

Self-governance: Self-governance refers to the ability of a group or community to govern itself and make decisions independently, without external interference. This concept is particularly significant for Indigenous peoples, as it encapsulates their rights to manage their own affairs, culture, and resources while asserting their sovereignty within a larger political framework.

Indian Civil Rights Act: The Indian Civil Rights Act of 1968 is a landmark piece of legislation that aimed to protect the civil rights of Native Americans by extending certain rights guaranteed in the U.S. Constitution to individuals on tribal lands. This act represents a significant shift in federal policy, promoting self-determination and self-governance while also addressing historical injustices faced by Native Americans under previous federal Indian policies. It provides important legal protections against discrimination and establishes a framework for tribal governance.

Dawes Act: The Dawes Act, enacted in 1887, was a federal law aimed at assimilating Native Americans into American society by allotting them individual plots of land and granting them U.S. citizenship. This act was part of a broader policy to dismantle tribal sovereignty, promote private land ownership, and encourage Native Americans to adopt Western agricultural practices.

Montana v. United States: Montana v. United States is a significant legal case from 1979 where the U.S. Supreme Court ruled that a state could not impose its laws on Native American tribes within its borders without the tribes' consent. This case reinforced the concept of tribal sovereignty and clarified the relationship between state governments and tribal nations, particularly regarding jurisdiction and governance.

United States v. Kagama: United States v. Kagama is a landmark Supreme Court case from 1886 that affirmed the federal government's authority over Indian tribes and their sovereignty, particularly concerning criminal jurisdiction. This decision reinforced the concept of tribal sovereignty but also underscored the limitations imposed by federal authority, marking a pivotal moment in the legal relationship between Native American tribes and the United States government.

American Indian Movement: The American Indian Movement (AIM) is a grassroots organization founded in 1968 to address issues of sovereignty, treaty rights, and social justice for Native Americans. AIM emerged as a response to systemic injustices faced by Indigenous people, advocating for self-determination and cultural preservation while seeking to reclaim land and rights through activism and protest.

Indian Self-Determination and Education Assistance Act: The Indian Self-Determination and Education Assistance Act, enacted in 1975, was a landmark legislation aimed at promoting self-governance among Native American tribes and increasing their control over federal education funds. This act allowed tribes to administer their own education programs, reflecting a shift towards respecting tribal sovereignty and enhancing nation-to-nation relationships with the federal government. It plays a crucial role in the broader context of federal Indian policies that moved from removal and assimilation towards self-determination, addressing contemporary issues in tribal governance and long-term impacts on Native communities.

Trail of Tears: The Trail of Tears refers to the forced relocation of several Native American tribes, primarily the Cherokee, from their ancestral lands in the southeastern United States to designated Indian Territory west of the Mississippi River during the 1830s. This tragic event resulted in the deaths of thousands due to harsh conditions, disease, and starvation, highlighting the devastating impacts of U.S. government policies on Native societies.

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