Native Americans and the Supreme Court

Question 1

Elk vs Wilkins 1884

Answer 1

Negative political
After John Elk was denied right to vote after he left reservation the SC decided that NAs were not citizens by birth under the 14th Amendment and could therefore be denied the right to vote.

Question 2

US vs Kagama 1886

Answer 2

NEGATIVE political and social.
Set the stage for court to make more powerful decisions.
Led to the idea that ‘protection’ of Native Americans could justify intrusion into intratribal affairs. SC and congress given unlimited authority to force assimilation.

Question 3

Talton vs Mayes 1896

Answer 3

Positive political
Respected authority of tribal governments. Decided that individual rights protections that limit federal and state gov don’t apply to tribal government. Led to some important pieces of legislation concerning NAs such as the Indian Civil Rights Act.

Question 4

Lone Wolf vs Hitchcock 1903

Answer 4

Negative social/economic.
After a complaint of NA land being opened to white settlers the court rejected the indian argument and reasoned that matters relating to Indian land were the sole jurisdiction of congress

Question 5

Harrison vs Laveen 1946

Answer 5

Positive political.
Overturned an earlier decision by the Supreme Court that NAs were inelligible to vote, resulted in suffrage in Arizona.

Question 6

Tee-Hit-Ton Indians vs US 1955

Answer 6

Negative economic/social.
NA group seeking compensation for forest that was taken for timber are denied, showing that taking NA land doesn’t require compensation.

Question 7

Morton vs Mancari 1974

Answer 7

Positive economic/political
Non-Indian employees of the BIA said that the BIA preferred educated indians. The SC ruled unanimously that the 1934 Act for hiring practices in the BIA be upheld.

Question 8

Fisher vs Montana 1976

Answer 8

Positive social
Montana SC held that tribal courts have jurisdiction over an adoption in which all members are part of a tribe and residents of North Cheyenne Indian Reservation.

Question 9

US vs Sioux Nation of Indians 1980

Answer 9

Positive political/social/economic.
Ruled that the Sioux Nation required compensation for the broken treaty and ordered payment for the lost land. Found that the 1886 treaty had been violated several times.

Question 10

Seminole Tribe vs Butterworth 1982

Answer 10

Positive economic
Affirmed the principle of tribal sovereignty, allowing the seminole to operate gaming facilities legally on their reservation.

Question 11

Charrier vs Bell 1986

Answer 11

Positive social
American Indian artefacts from burial plots cannot be acquired over the objection of the descendants.