Question
keep answer short and simple. 1. Early cases in the U.S. Supreme Court involving the Native American tribes were concerned with whether the states
keep answer short and simple.
1. Early cases in the U.S. Supreme Court involving the Native American tribes were concerned with whether the states or the federal government had power over the tribes.
(a) How was this question decided?
(b) What political considerations were relevant to the decision?
2. The U.S. Supreme Court decided that the Native American Tribes were "domestic dependent nations."
(a) Did this give the tribes the rights of a foreign sovereign nation ?
(b) What relationship was created between these "nations" and the U.S. government ?
3. (a) How did the Marshall Court address the ownership of land by Native Americans?
(b) How is this doctrine related to the idea of federal "guardianship" over Native Americans?
4. (a) What was the "Major Crimes Act"?
(b) What underlying principle did this legislation reflect in regard to the
view of Congress regarding tribal authority?
(c) What impact did this legislation have on tribal authority?
5. (a) In 2020 the Supreme Court, in McGirt v. Oklahoma, examined the current status of treaties made with native tribes establishing reservation
lands. Why is this decision significant in regard to the application of the
Major Crimes Act ?
(b) In June, 2022, the Supreme Court decided Oklahoma v. Castro-Huerta which discussed Worcester v. Georgia, one of the Marshall Trilogy cases decided in 1832. How did the Court decide Castro-Huerta and how does this decision change the underlying principle of the Worcester v. Georgia?
6. Review the Dred Scott decision. Compare (a) the evolution of citizenship status of African Americans with that of Native Americans, and (b) the effort to thwart each of these groups from exercising the right to vote ?
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