Shelby County v. Holder (2013) |
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This landmark Supreme Court decision overturned the federal pre-clearance section the Voting Rights Act of 1965 which required jurisdictions to seek approval from the Department of Justice or the U.S. District Court for D.C., before making changes to their voting laws. This decision limited the federal government's ability to protect voting rights for all citizens and has since allowed policies such as voter ID laws and the closing polling locations to limit voting rights for certain groups.
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Statement of the Chickasaw Freedmen, Setting Forth Their Wrongs, Grievances, Claims and Needs (1894) |
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This statement prepared by members of the Committee of Chickasaw Freedmen's Association recounts how the Chickasaw Nation had not met its treaty obligations to Chickasaw Freedpeople.
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Studying the Missing and Murdered Indian Crisis Act of 2019 |
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This bill was introduced to authorize the Government Accountability Office to collect data and study the crisis of missing and murdered Native Americans. It did not pass into law, but was a part of a broader legislative effort to bring awareness to murdered and missing Indigenous People.
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Sworn Affidavit of Alexander Harlin Regarding His Continued Enslavement Until the 1866 Treaty as Part of His Application for Enrollment as a Choctaw (1896) |
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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 Application for Enrollment as a Chickasaw (1896) |
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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 Application for Enrollment as a Choctaw (1896) |
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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 (1890) |
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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 (1906) |
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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 Great Law of Peace of the Iroquois Confederacy (1142) |
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The Constitution of the Haudenosaunee (Iroquois), also known as the Six Nations, dates back to as early as 1142. The political system this oral constitution established was greatly admired by the Founding Fathers, who incorporated many of its democratic principles into the U.S. Constitution.
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| The Treaty of 1866 and the Long Fight for Black Belonging in the Choctaw and Chickasaw Nations |
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This module reframes histories of the Civil War, emancipation, and Reconstruction by analyzing how enslaved and freed Black people in the Choctaw and Chickasaw Nations struggled to actualize their freedoms amid contested tribal and federal jurisdictions. Ultimately, the module elucidates how Black enslaved and Freedpeople in the Chickasaw and Choctaw Nations developed unique methods of resistance and visions of freedom shaped by the legal paradigms forged in the Treaty of 1866.
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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 (1868) |
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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 (1768) |
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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 of Guadalupe Hidalgo (1848) |
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The Treaty of Guadalupe Hidalgo reset the southern border between Mexico and the United States. Implications of the treaty included issues of citizenship, land, and legal status. Mexican nationals were admitted as U.S. citizens, legally defining them as white, but they could also be regarded as Indian on a case by case basis.
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Treaty of Logstown (1752) |
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This treaty intended to secure alliance between the Six Nations and the English. The Treaty allowed the English use of land in East Ohio, with the intention both groups could live together. Taking place just before the French and Indian War, the Treaty of Logstown sedcured an alliance between the English and the Six Nations. The treaty included discussion of the unintended consequences of the earlier Treaty of Lancaster. The Treaty of Lancaster ceded the land of Virginia to the English.
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Treaty with the Choctaw and Chickasaw (1866) |
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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 (1868) |
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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. Cisna (1835) |
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In this case, a white defendant was charged with horse stealing on Wyandot tribal lands in Ohio. The court ruled that the state was within its rights to punish its citizens for crimes committed against Native Americans on tribal lands.
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United States v. Joseph (1876) |
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In this case, the Supreme Court ruled that the Pueblo people were not Indians within the meaning of the Indian Nonintercourse Act in part because they had received full legal title to their land from the Spanish.
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United States v. Kagama (1886) |
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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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United States v. Rogers (1846) |
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In this case, the Supreme Court ruled that a white man who claimed citizenship of the Cherokee Nation through domicile and marriage was not an "Indian" within the meaning of the law.
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United States v. Sandoval (1913) |
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In this case, the Supreme Court ruled that the Pueblo people were Indians, repudiating the earlier United States v. Joseph decision which had held that they were not. The title to Pueblo lands was now seen as held by tribes instead of in fee simple, meaning that Congressional approval was needed in order to make land sales. This undermined the legitimacy of non-Indian land titles across New Mexico.
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United States v. Yellow Sun (1870) |
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In this case, a federal court in Nebraska debated the question of federal or state jurisdiction over Native Americans suspected of a crime committed outside a reservation. The court held that there were no treaty rights or congressional provisions that required federal jurisdiction, therefore states had jurisdiction over crimes committed within its boundaries unless on tribal land. They also held that because crimes committed on tribal lands were not in violation of any federal laws, the state had civil and criminal jurisdiction over tribal lands.
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United States, ex rel. Standing Bear, v. George Crook (1879) |
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In this case, Judge Elmer S. Dundy ruled that "an Indian is a person within the meaning of the laws of the United States," and that they were entitled to the right of expatriation. Standing Bear and 29 other Ponca had left their reservation in Indian Territory without the permission of the federal government and returned to Nebraska. They were later arrested and petitioned for a writ of habeas corpus, which was granted. Judge Dundy's opinion led to the release of the Ponca petitioners.
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