 Oliphant v. Suquamish Indian Tribe |
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In Oliphant v. Suquamish Indian Tribe, the court ruled that Native American tribes had no jurisdiction over non-Indians. The ruling was later overturned by the Indian Civil Rights Act and the ruling in Duro v. Reina that stated tribes had criminal jurisdiction over nonmember Indians. The case of Dollar General v. Mississippi Band of Choctaw Indians also held that tribes had jurisdiction over non-Indians.
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| Public Law 280 |
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This law gave California, Minnesota, Nebraska, Oregon, and Wisconsin criminal and civil jurisdiction on Indian reservations, as the U.S. government resolved to terminate the special trustee relationship tribes held with the United States, eroding tribal sovereignty.
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| Re: February 14, 2025 Dear Colleague Letter issued by the United States Department of Education, Office of Civil Rights |
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In this letter from the Montana University System, the Chief Legal Counsel responds to the Dear Colleague letter, describing its compliance with the guidance from the Dear Colleague Letter. It calls attention to Montana's work with tribal governments to increase the recruitment and retention of tribal students, noting that the Supreme Court has recognized distinctions based on tribal enrollment as political not racial classification.
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| Ritual on Admission of Indians to Full American Citizenship |
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This set of instructions for conducting the Ritual on Admission of Indians to Full American Citizenship was produced by the Department of the Interior in 1918 so that such ceremonies could take place across the Western reservations. It includes the opening remarks from the Representative of the Department, followed by instructions for each participant to undergo to receive U.S. citizenship. There are separate instructions for men and women. The document reveals the centrality of performance during naturalization events for Native Americans.
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| Savanna's Act |
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Savanna's Act (also known as the Missing and Murdered Indigenous Women Act) addressed federal and tribal jurisdictional cooperation concerning issues of violence and disappearance in the Native American community. The law is named after Savanna LaFontaine-Greywind, a member of the Spirit Lake Nation of North Dakota who was murdered in 2017. The act was signed into law in 2020.
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| Seminole Agreement |
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This congressional act ratified an agreement with the Seminole Nation concerning allotment, like enrollment and laws of descent. The second proviso established matrilineal descent of lands, money, and property for heirs.
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| Seminole Tribe of Florida v. Florida |
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In the Seminole Tribe of Florida v. Florida, the Supreme Court considered whether the Indian Gaming Regulatory Act violated the state of Florida's state sovereignty as guaranteed by the Eleventh Amendment.
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| Sworn Affidavit of Alexander Harlin Regarding His Continued Enslavement Until the 1866 Treaty as Part of His 1896 Application for Enrollment as a Choctaw |
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In this sworn affidavit, Alexander Harlin attested that he, as a "Choctaw Freedman, of African Blood," was enslaved by a Choctaw woman Sarah Harlin until the Treaty of 1866 was signed. The statement was made in support of his application for enrollment in the Choctaw Nation under the Act of June 10, 1896 which authorized the Dawes Commission to add names to existing tribal rolls.
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| Sworn Affidavit of Jeff Franklin Regarding His Enslavement and Emancipation in the Chickasaw Nation as Part of His 1896 Application for Enrollment as a Chickasaw |
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In this sworn affidavit, Jeff Franklin attested that he was a colored man and was enslaved by Easter Colber, a Chickasaw man until April 28th, 1866, when the Treaty of 1866 was signed. The statement was made in support of his application for enrollment in the Chickasaw Nation under the Act of June 10, 1896 which authorized the Dawes Commission to add names to existing tribal rolls. The affidavit also includes information about his continued residency in the Chickasaw Nation until the time of his application in 1896.
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| Sworn Statement of W. L. Cochran as to the Enslavement of Margaret Clark in 1866 in Support of Her 1896 Application for Enrollment as a Choctaw |
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In this sworn statement, W. L. Cochran attested that Margaret Clark, "an African woman," was enslaved by R. L. Cochran in the Choctaw Nation until the Treaty of 1866 was signed. The statement was made in support of Margaret Clark's application for enrollment in the Choctaw Nation under the Act of June 10, 1896 which authorized the Dawes Commission to add names to existing tribal rolls.
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| The Cherokee Removal Through the Eyes of a Private Soldier |
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A former Army soldier presents a first-hand account of Cherokee removal.
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| The Five Civilized Tribes Act |
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This act legislated the end of tribal enrollment in the Five Tribes, as well as the dissolution of their tribal government. However, section 28 extended tribal sovereignty for the Five Tribes for a truncated 30 days per year.
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| The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution |
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This teaching module looks the Supreme Court's understanding of Native America from an Indigenous perspective, featuring a webinar with Keith Richotte, Jr., author of the 2025 book, The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution.
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| Treaty of Fort Laramie |
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Signed between the U.S. and the Sioux Nation, this treaty granted the Black Hills to the Sioux people as part of their reservation. A few years later, General George Custer led an expedition through the Black Hills where they found gold. American violation of this treaty led to the Battle of Little Bighorn in 1876. Ownership of the Black Hills continues to be disputed today.
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| Treaty of Fort Stanwix |
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This treaty is the first formal treaty between the British and the Six Nations following the French and Indian War. Large amounts of Native American land were ceded to the British as a result of this treaty.
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| Treaty with the Choctaw and Chickasaw |
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The 1866 Treaty with the Choctaw and Chickasaw was one of a series of treaties between the United States government and each of the "Five Civilized Tribes" (the Cherokee, Chickasaw, Choctaw, Muscogee Creek, and Seminole Nations) at the end of the Civil War. The treaty details the stipulations for the Choctaw and Chickasaw Nations to re-establish their allegiance with the U.S. after allying with the Confederate States of America during the Civil War. Among other provisions, the Choctaw and Chickasaw Treaty of 1866 included articles that outlawed slavery within both nations (except as a punishment for crime), provided a pathway for citizenship and civil rights for the Freedmen of both nations, and ceded lands to the United States.
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| Treaty with the Navajo Nation |
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The 1868 Treaty with the Navajo allowed them to return to their ancestral lands during a period of history where the U.S. government were removing Native Americans from their homelands.
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| U.S. Constitutionalism and Native American Sovereignty |
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This teaching module discusses the centrality of Native people and their nations throughout American history, featuring a webinar with Ned Blackhawk, author of the 2023 book, The Rediscovery of America: Native Peoples and the Unmaking of U.S. History.
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| United States v. Kagama |
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This Supreme Court case asserted the federal government's role in criminal jurisdiction on tribal lands. The Court ruled that the Indian Major Crimes act was constitutional, therefore federal courts had jurisdiction to indict Native defendants for murder.
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| Webinar - The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution |
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In this webinar, Professor Keith Richotte, Jr., of the University of Arizona discusses the Supreme Court's understanding of Native America from an Indigenous perspective with Dr. Katrina Jagodinsky and her Rights & Wrongs in American Legal History class.
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| Webinar - U.S. Constitutionalism and Native American Sovereignty |
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In this webinar, Professor Ned Blackhawk of Yale University discusses his recent book The Rediscovery of America: Native Peoples and the Unmaking of U.S. History, which argues for the centrality of Native people and their nations throughout American history from the colonial era to the present, as well as tribal sovereignty and federal Indian law in the United States.
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