Sunday, June 2, 2019
Native American Rights, Federal Government Plenary Power and Land Takin
domestic American Rights, Federal Government Plenary creator and Land TakingsAbstractNative Americans are entitled to the same Constitutional protections that guard other citizens from federal government infringement. Plenary power and the go with seizure and use of indigenous land bases have violated the rights of Native Americans and demonstrated the inability of the federal government to manage Indian affairs. The United States should hold up ownership and control of original, non-privately owned land bases back to tribes. This course of action would end treaty violation, compensate tribes for land takings, prevent bureaucrats from implementing policies that obstruct the ability of Native Americans to participate in their religion, and prevent the serious cultural loss that may occur if the government continues to use Native American land for self-interested purposes. Although the Indian Citizenship coif of 1924 formally made Native Americans United States citizens, Native A mericans currently lack the legal protection that guards other citizens from federal domination (Custo and Henry X). The core popular concepts of fairness, justice, and consent of the governed have not yet been fully realized for tribal people, despite their citizenship (Wilkins 20). As stated by Helen Hunt Jackson, a noted power and social reformer, treatment of Native Americans has outraged principles of justice (Custo and Henry 40). Native Americans, wards of the federal government, are locked in a grossly inequitable, politically dependent relationship, in which governmental infringement and injustice are the norm. (Williams 27). The current policy of federal plenary power over Indian tribes and the confiscation and desecration of I... ...iverse. (21 Jan. 2001).Martin v. Waddell. 41 U.S. 367. U.S. despotic Court. 1842. LEXIS-NEXIS Academic Universe. (21 Jan 2001).Northrup, Jim. Rez Road Follies. Minneapolis University of Minnesota Press, 1997.Three Affiliated Tribes of Fort B erthold Reservation v. United States. 419 U.S. 901. No. 73-2062. U.S. independent Court. 1974. LEXIS-NEXIS Academic Universe. (20 Jan. 2001).Wilkins, David. American Indian Sovereignty and the U.S. Supreme Court The Masking of Justice. Austin University of Texas Press, 1997.Wood, Mary. Protecting the Attributes of Native Sovereignty A New Trust Paradigm for Federal Actions Affecting Tribal Land and Resources. do Law Review (1995). LEXIS NEXIS Academic Universe. 8 Jan. 2001.Wunder, John. Retained by the People A History of American Indians and the Bill of Rights. New York Oxford University Press, 1994.
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