Eastern Band Of Cherokee Case Study

Essay on John Finger, "Termination and the Eastern Band of Cherokees"
The Eastern Band of Cherokees resisted termination of tribal status and federal responsibilities in Indian affairs during 1940s and 1950s. “For the Eastern Cherokees, the battle over termination began in January 1947” (Nichols, 328). House Concurrent Resolution 108 was an act that called for the abolition of several Indian offices and termination trust responsibilities for certain specified tribes. The Public Law 280 was passed in 1953, which “transferred civil and criminal jurisdiction over most tribes states to the respective local governments and allowed any states to assume similar jurisdiction over their own Indian reservations” (Nichols, 335). The terminationists noted that the Indians deserved better treatment instead of being second-class citizenship because they served well in the war. They stated the Indians should become part of the mainstream American society.
The Bauer-McCoy Faction believed the Eastern Cherokees were prepared for emancipation and convinced some North Carolina politicians about that. The Principal Chief Jarret Blythe opposed the termination and
All of these cases “dealt with the issue of informed consent and the patient's right to make an informed decision about what could be done to his or her body” (Nichols, 345). The sterilizations was carried out by the Health Service physicians. To avoid the violation of the HEW regulation, the medical facilities used three different versions of forms and all three forms were variations of the short form. The necessary information was not provided on the forms and the patient could changed their mind if decided to give up sterilization was not listed as requirement. In some cases, they used the third form to comply with most of the HEW regulations (Nichols,