U.N. DECLARATION
INDIGENOUS RIGHTS
THE DOCTRINE OF DISCOVERY
IN THE COURTS OF THE CONQUEROR
U.N. INTERNATIONAL INDIGENOUS RIGHTS
THE ONEIDA NATION VS. NEW YORK CASE |
NATIVE AMERICAN INDIAN LAWS
TREATIES AND JUDICIAL CASES RESOURCES:
INDIAN POLICY > DOCUMENTS/REPORTS >
RESOURCES
"We command that the sale, grant, and composition of lands
be executed with such attention, that the Indian shall be left in
possession of the full amount of lands belonging to them, either
singly or in communities, together with their rivers and waters; and
the lands which they shall have drained or otherwise improved,
whereby they may, by their own industry have rendered them fertile,
are reserved in the first place, and can in no case be sold or
alienated. And the Judges who shall have been thither, shall
specify what Indians they may have found on the land, and what lands
they shall have left in possession of each of the elders of the
tribes, caciques, governors, or communities. It being our wish that
the Indians be protected and well treated, and that they be not
molested nor injured in their person or property."
Law of the Indies, 1681
TRIBAL SOVEREIGNTY IN USA by Melody McCoy, May 18, 2005, USOE
Conference
1.
Tribes are Separated Sovereign Government
2.
Tribes Sovereignty Generally Extend Over Tribes Territory
3.
Tribal Sovereignty is Inherent but is Subject to Limitations by
Congress
4.
Tribal Sovereignty may be Exclusive or Concurrent
FEDERAL INDIAN POLICY TREATIES, LAWS, AND JUDICIAL CASES |
|
A |
1492-1787 |
TRIBAL
INDEPENDENCE |
|
-
French Indian Wars (Seven Years War in 1763)
-
The
Iroquois and the British agreements
-
The
King proclaimed the liberty of Indian Nations and their
properties
-
Treaties:
A collection of Treaties (1722-1805)
|
1787-1828 |
AGREEMENT BETWEEN EQUALS/TREATY ERA |
|
|
1828-1887 |
RELOCATIONS OF INDIAN NATIONS |
|
|
1492-1859 |
The
Five "Civilized" Nations A Special Case: |
|
|
1887-1934 |
ALLOTMENT AND ASSIMILATION |
|
|
1934-1953 |
INDIAN
REORGANIZATION ACT |
|
|
1953-1968 |
THE
TERMINATION ACT |
|
|
1968-present |
THE
INDIAN SELF-DETERMINATION ACT |
|
|
|
A |
|
Source:
Personal Book Collection and Various Academic Sources in the
Internet
IMPORTANT DOCUMENTS AND
READINGS:
-
BIA Performance an Accountability Report 2005
-
Conflict resolution Assistance in Indian
Country
-
Strengthening the Circle Interior Indian
Affairs (2004-2005)
-
A Short Reading on the History of the Federal
Indian Policy
-
Native American Rights Fund Report 2005
-
Reading on Native American Indian Sovereignty
by Peter D'Errico
-
Tribal Perspective Environmental Justice
-
Tribal Government Policy by the Department of
Energy
-
The Relationship Between Unwritten and Written
Tribal Law
-
Strengthening Tribal Government
-
The Role of Tribal Government in Regulating
Research
-
Short Reading in Sovereignty
-
Reading: Organizing in the Context of Tribal
Sovereignty
-
American Indian Territoriality by Imre Sutton
RESOURCES:
Canada First Nations Laws and Treaties
National Congress of American Indians:
The National Congress of American Indians (NCAI), founded in 1944,
is the oldest and largest tribal government organization in the
United States. NCAI serves as a forum for consensus-based policy
development among its membership of over 250 tribal governments from
every region of the country.
Tribal Government Web Sites
NCAI provides this directory of links to tribal government Web
sites.
Legal Resources
Title 25 U.S. Code - Indians
Find the full text of laws under Title 25 of the U.S. Code, which
pertains to Native Americans.
Indian Trust
This site, from the U.S. Department of the Interior, offers a
one-stop clearinghouse for Indian trust management information.
Office of Tribal Justice - U.S. Department of Justice
The Office of Tribal Justice (OTJ) was established to provide a
single point of contact within the Justice Department for meeting
the broad and complex federal responsibilities owed to Indian
tribes. The Office facilitates coordination between Departmental
components working on Indian issues, and provides a permanent
channel of communication for Indian tribal governments with the
Department of Justice.
Native People's Law Caucus
The Native People's Law Caucus provides a forum for discussing
Native law, sharing ideas, and sharing information about Native law
and other issues that impact Native and Indigenous people.
Native American Constitution and Law Digitization Project
This Project is a cooperative effort among the
University of Oklahoma Law Center and the
National Indian Law Library (NILL), and Native American tribes
providing access to the Constitutions, Tribal Codes, and other legal
documents.
National Indian Law Library
The National Indian Law Library (NILL) is a public law library
devoted to federal Indian and tribal law. It serves both the Native
American Rights Fund (NARF) and the public. The library proudly
serves all members of the general public including individuals and
organizations working on behalf of Native Americans.
INTERNATIONAL LAW ON NATIVE AMERICANS
International Native American Law
by The University of Tulsa
Collection of International laws on Native Americans, includes:
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