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United States Constitution
American Indian sovereinty has constantly been questioned. However, the United States Constitution under Article 1, section 8 states it is Congress' job "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Despite this statement, there have been contradicting policies and interpretations which have attempted to dissolve American Indian sovereinty. -
Formation of the Bureau of Indian Affairs
Although not a policy, the Bureau of Indian Affairs (BIA) has been a pivotal organization in the formation and enforcement of policies affecting American Indians. Throughout the years, the BIA has been under scrutiny by American Indians due to non-Indian leadership, misappropriating funds, and motivating cultural genocide. -
Indian Religous Crimes Code
This code banned American Indian spiritual practices and was enforced by the BIA despite the First Amendment. Any American Indian practicing what was considered "heathen" practices were jailed, withheld reservation rations, and in some cases killed. The goal was to assimilate American Indians into a "Christian" or American way of life. -
Dawes Act (General Allotment)
A cultural divide made it difficult for the U.S. to take land & resources from American Indians. Thus, the Dawes Act was enacted to split American Indian land in allotments, divide the land for American Indians and sell the rest. The act attempted to assimilate American Indians into nuclear families, individual land owners, and stripped thousands of acres of land from American Indians. -
The Snyder Act
The Snyder Act reached at meeting historical treaties and the U.S. trust doctrine which stated the U.S. government would provide education and health care to tribes. The act allowed the BIA to allocate funds to create such services. Furthermore, in 1924, the act granted American Indians dual citizenship. Before, tribal members would have to reliquish their membership to gain U.S. citizenship. However, some states still banned American Indians from voting. -
Meriam Report
Lewis Meriam was charged to investigate the conditions of American Indians. The comprehensive study found disparities in education, health, economic opportunities, and nutrition. It also criticized the effectiveness of the Dawes Act. With firm statistics backing the ineffectiveness of U.S. forced policies and American Indian advocacy recognition of American Indian sovereinty was ignited. -
Indian Reorganization Act
John Collier, the Commissioner of Indian Affairs, is credited with the creation of the Indian Reorganization Act or Indian New Deal. Collier, a non-Indian social worker with past experiences with tribes, advocated for the act which eliminated further allotment and reorganized tribal governments encouraging sovereinty. Despite good intentions, Collier advocated for the act with little input from tribes. Again another act forced upon tribes, but opened a door for tribal self-determination. -
House Concurrent Resoultion 108 (Termination Policy)
Resolution 108 marked the beginning of the termination of federally recognized tribes. Termination forciably assimilated tribes to be a part of the American mainstream by stripping tribes of federal assistance and overall soverienty. With reservations no longer being recognized, reserved land became open to buyers. Proponents of termination said it would create equality and less dependence. Forgetting the disparities of the Meriam Report. Some tribes were able to be reinstated years later. -
American Indian Religous Freedom Act (AIRFA)
To acknowledge past religious oppression AIRFA was passed. AIRFA recognized the importance of American Indian spiritual practice and began returning human remains and sacred objects. Use of tobacco and peyote for ceremonial purposes was later recognized. However, sacred sites were not protected due to Forest Service lobbying. -
Indian Child Welfare Act
ICWA was passed due to the concerning removal of American Indian children from their families and boarding school atrocities. Unlike past acts, ICWA was formed through collaboration between the U.S. and tribal governments. ICWA protects American Indian children when removal is possible and looks to place them within the tribe. However, a child must meet the requirements of indigenous status. -
Indian Gaming Regulatory Act
One way in which tribes utilized their sovereign status was by creating casinos and other gaming faciltiies. Gaming provides job opportunities and economic growth for tribal communities. After several court cases between states & tribes, the federal government enacted this act to recognize gaming as legitimate. Tribes must negotiate the terms of gaming with states thus making it legal. -
Reinstated Indian Health Care Improvement Act (IHCIA)
Today, American Indians still face disparities in health care compared to the average American which includes obesity, access to health centers, and life expectancy. IHCIA was utilized in 1976 to improve the health and particitipation of health services for American Indians. The 2010 version's goal is to improve healthcare delivery by the Indian Health Service.
