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Unit 6, Question #3 Speech:
Question: The U.S. Constitution says very little about the relationship between the
national and state governments and American Indian nations. However, Chief Justice
John Marshall’s Supreme Court decided cases that helped define that relationship and
formed the basic framework of federal Indian law in the United States. Do you agree or
disagree with the opinions in the “Marshall Trilogy?” Why?
According to David E. Wilkins, “tribal citizens who live within reservations enjoy tribal,
state, and federal citizenship.” What are the advantages and disadvantages of treble
citizenship?
If tribal law conflicts with United States constitutional law, which law should prevail?
Why?
Tavis:
“Like the miner’s canary, the Indian marks the shift from fresh air to poison
gas in our political atmosphere; and our treatment of Indians...reflects the
rise and fall in our democratic faith….”
Felix S. Cohen
Kasey:
While article 1.8.3 gives Congress authority over Native Americans,
the Marshall Trilogy used judicial review to define the power of tribal
government. Marshall’s protection of tribal rights had many positive
impacts, but Native Americans continue to be oppressed. This is why we
believe that tribal laws must be upheld even when they conflict with state
laws.
Shondiin:
The Marshall Trilogy established the principles of Federal Indian law:
the trust relationship, tribal semisovereignty, and the right to
selfdetermination under the federal government.
Stefano:
Johnson v McIntosh p
revented Indian country from being lost to
nonNatives, but created a paternalistic relationship and denied aboriginal
title.
Tavis:
Cherokee Nation v Georgia established tribes as domestic dependent
nations relying on the federal government for protection. This trust
relationship has been historically oppressive to tribes, like when the Dawes
Act broke up communal land in 1887. The most controversial ruling of the
Trilogy, W
orcester v Georgia said that states do not have jurisdiction in
Indian country, creating tension between tribal and state governments.
Paternalism continues to prevent tribal government from being as powerful
as states within the structure of federalism.
Kasey:
The disadvantages of treble citizenship are directly linked to
jurisdiction. In 1978, O
liphant v. Suquamish Indian Tribe ruled tribal courts
did not have jurisdiction over nonNative people, which “[racialized]
jurisdiction in America,” as Professor Amy Casselman asserts. Because of
this, Native women have been targeted by white rapists, who weren’t tried
in tribal court for their actions until the Violence Against Women Act was
reauthorized in 2013. Advantages of treble citizenship include that
semisovereign status allows Native people to remain unassimilated where
other minorities are left unprotected. N
ative Americans have access to
government assistance like health care at tribalrun clinics. Legislation like
the Indian Child Welfare Act in 1978 has helped increase government
protection of Natives. While these are advantages, many have unintended
paternalistic consequences that result in the treatment of Native American
people as a single entity, marginalizing these great nations.
Stefano:
The tension regarding jurisdiction still permeates our country, as seen
by the Dakota Access Pipeline conflict, a $3.7 billion project that could
threaten the Standing Rock Sioux’s sacred land. Last Sunday, the Army
Corps of Engineers announced that they would not approve permits near
sacred sites, but this could be overturned by PresidentElect Trump. As
David Archambault II, chairman of the Standing Rock Sioux tribe stated,
“ Whether it’s gold from the Black Hills...or oil pipelines... tribes have always
paid the price for America’s prosperity.”
Shondiin:
I a
m an enrolled member of the federally recognized tribe of Stevens
Village, a Doyon shareholder as well as an Alaska and a U.S citizen.
Thousands of people like me are trapped in a cycle of dependence on
Western institutions that rob us of our indigenous identity. The unique legal
relationship between the federal government and Native Americans is
intertwined in judicial interpretations that limit tribal powers. When state and
tribal law come into conflict, tribal law should prevail because it reflects
century old traditions and attends to the long term wellbeing of Native
communities. While Congress intended ANCSA to be an act of self
determination, the federal government has forced Western ideals on Native
societies. Colonialism and resource loss have left legacies of poverty,
dependency and bitterness that are difficult to overcome.
Kasey: A
s a white person, the sense of superiority that is entrenched in our
system, and which I am inherently connected to, motivates me to aid in this
mission for real protection of Native American rights.
Shondiin: For this reason, revitalizing indigenous cultures and language is
my ancestral imperative.