Reading Guide: Pevar V, VII and The Harvard Project Part One: Section 3, and 4 Definitions:
1. Termination- The process by which congress terminates the federal government’s trust relationship with an Indian tribe which prohibits the usage of the programs and privileges provided by Congress. Many Indian tribes describe it as genocide. 2. Compensation Clause- prohibits the federal government from taking private property without paying fair and adequate compensation. 3. Understanding the Doctrine of the Trust Responsibility- A legal doctrine that’s has grown of numerous dealings with the United States such as, treaties, court decisions, and statutes. The Trust Responsibility binds the U. S. to protect tribes’ and fund appropriate programs for their economic growth and stability. 4. Trust Fund Management Act- a historic piece of legislation that permits Indian tribes to withdraw funds held in their account for the purpose of managing those funds themselves. However as soon as money is taken out from these accounts the U.S is no longer responsible for it. 5. Section 465- authorizes the Secretary to purchase fee land with federal funds, convert land into trust status, nd assign it to an Indian tribe. Meaning they can aquire additional trust land. 6. Public Land 280- main intent was to eliminate lawlessness in particular Indian tribes, including funds to help improve their law enforcement agencies. Criminal offenses within Indian Country as defined in 18 USC 1152 could only be prosecuted in federal court. This law gave criminal and limited civil jurisdiction to the state governments for the “Indian Country” within those states. 7. Preemption test-balances federal interests against state interests, and the federal government always has a significant interest in encouraging tribal self-sufficiency and economic development. The more that state law infringes in with tribal rule the more likely it will be to fail the preemption test.
Ideas important topics:
1. Federal policy has been influencing tribal government for nearly two hundred years. The United State has no right to control the governmental system, but they continue to contain and dominate the governing system of Indian tribes.pg55 2. Justification of federal authority exercises authority over the Indians has using these policies -regulation with foreign Nations, among several state, and Indian tribes.>>power to make treaties. (article two, section two, clause two.) - Numerous treaties between the United States and Indian tribes contain a guarantee that the federal government will protect the treat tribe.pg 57 3. States under full jurisdiction public land 280, Alaska, California, Minnesota, Nebraska, Oregon, Wisconsin. Partially L Arizona, Florida, Idaho, Iowa, Montana, Nevada, North Dakota, South Dakota, Utah, Washington.pg 115, 116
3.Tribal membership - Since each tribe decides who is entitled for membership of the tribe, and which benefits they may receive. But the federal government can decide who may apply for education scholarships and health benefits. 4 If an Indian dies without a will the land will be inherited through tribal law. -No land an actually be assigned to anyone unless it has been approved by the Secretary of Interior. -If an Indian dies without a will or any legal heirs the land will be inherited by the tribe. 5. Major Crimes Act- allows federal official to prosecute Indians who omit certain crimes on the reservation. This act was primarily passed because of an Indian murder the chief of the Brule Sioux Spotted Tail. Because federal officials have no right to persecute an Indian something that happened on tribal land Crow Dog was released. Since then Congress authorized the major crimes act giving the government the ability to prosecute an Indian for these seven crimes, murder, manslaughter, rape, assault, intent to kill, arson, burglary, and...