Native American policy
Native American policy encompasses the strategies and actions taken by the U.S. government in relation to Native American tribes throughout history. From the colonial era to the present, these policies have evolved significantly, reflecting changes in attitudes towards Native Americans and their rights. Initially, treaties were established to create peaceful relations, but as the U.S. expanded westward in the 19th century, policies shifted towards forced relocation and assimilation, notably through the Indian Removal Act and the Dawes Act. These actions often disregarded native cultures and governance, leading to significant suffering and loss among Indigenous populations.
In the early 20th century, there was a gradual shift towards acknowledging the rights of Native Americans, highlighted by the Indian Citizenship Act of 1924 and the Indian Reorganization Act of 1934. These laws aimed to restore some autonomy to tribes and improve their socio-economic conditions. However, the 1950s brought a new wave of policy changes that terminated federal assistance to many tribes, leading to further challenges. The late 1960s and beyond marked a renewed focus on civil rights and self-determination, with important legislation like the Indian Civil Rights Act of 1968 reinforcing protections for Native American communities. Today, many tribes operate with a degree of sovereignty, functioning as distinct governments within the United States, though challenges remain.
Native American policy
Native American policy refers to the manner in which the government of the United States relates to Native Americans. The earliest forms of Native American policy began during the American colonial period and the early years of the United States. In the 1830s, US political and military initiatives forced most native peoples to move westward onto reservations. Throughout the later 1800s, US policies created restraints on reservation life and attempted to force assimilation with Anglo-American culture. Only in the 1900s did Native American policies remove restrictions and begin helping tribes return to self-determination.
Beginnings (1492–1828)
Following the Christopher Columbus expedition of 1492, large numbers of Europeans began immigrating to North America. These settlers found a land already occupied by hundreds of groups of Native Americans with a vast array of languages, religions, and cultures. Europeans desired the fertile land and abundant natural resources of the so-called "New World" but lacked the power to forcibly take it from the native people. Consequently, European leaders entered into treaties with Native Americans that generally attempted to build peaceful relationships while securing land and resources for European settlers. In these treaties, the governments of Europe regarded native groups as independent nations.
Conflicts among colonial powers in North America often grew to encompass Native Americans both politically and militarily. Some native groups suffered grievous losses during wars in the 1700s. Regardless, Native Americans remained a powerful force in North America, and the fledgling United States government, formed in 1776, was compelled to show them respect. Representatives of the United States created new treaties with native groups and passed legislation to protect native rights. The Northwest Ordinance of 1789 declared that native land and property were off-limits to non-natives. Various Trade and Intercourse Acts throughout the 1790s added other measures to protect native people from unregulated interference. The US government seldom enforced these acts and treaties, however.
Relocation and Assimilation (1828–1934)
By the first decades of the 1800s, the United States had grown significantly in its power and influence, and many of its leaders allowed growing interference in Native American affairs. This behavior greatly intensified after the 1828 inauguration of Andrew Jackson as president. Jackson believed that the United States was destined to expand, regardless of the impact on Native Americans.
Shortly after taking office, Jackson began implementing policies such as the 1830 Indian Removal Act that forced native tribes to move westward, thereby making more land available for white American settlers east of the Mississippi River. Jackson used military power to further impose his will on native leaders. Despite some protests, including rulings from the Supreme Court, which held native tribes to be self-contained foreign states, the Jackson administration continued to forcibly remove Native Americans. Jackson's policies led to a great deal of conflict and tragedy, most notably in the case of the Trail of Tears in which thousands of native people perished during a forced relocation.
Native people who migrated westward generally had to live on reservations, areas of often-barren lands of little interest to the United States. Even on the reservations, however, native people enjoyed little self-determination. In 1871, Congress voted to end its use of treaties in Native American policy and instead use statutes, clearly signaling a shift in attitude. At that time, the US government began to consider native tribes to be subjects rather than independent nations. As such, tribes were more powerless than ever to resist incursions on their lands and cultures.
In the last half of the 1800s, reservations came under the control of the US government, which passed statutes meant to assimilate native people, stripping them of their traditions and coercing them to accept the customs, religions, and laws of the United States. The General Allotment Act, or Dawes Act, of 1887 furthered the policies of assimilation. The Dawes Act divided reservation land, which not only seriously disrupted the organization of native families and governments but also opened up formerly protected lands for settlement by non-natives.
Self-Determination (1934–present)
Starting in the 1920s, US legislators began questioning the Native American policies of past generations. In 1924, the Indian Citizenship Act declared that all native people were citizens, and four years later the Meriam Report pointed out that the Dawes Act and allotment system had failed to assist or assimilate Native Americans. These laws and findings contributed to a change in attitude toward the native people, and lawmakers began crafting new plans to help Native Americans improve their lives as well as salvage what remained of their cultures.
The Wheeler-Howard Act of 1934, also known as the Indian Reorganization Act, was an attempt to use political and economic means to help reinvigorate native populations. The act offered financial aid, employment assistance, improved health care and education, and a reinstatement of tribal government on reservations. Although the 1934 legislation led to some positive results, including an increase in native-held land, many lawmakers never agreed with the idea of federal aid to Native Americans.
In 1953, a new era in Native American policy began when Congress passed House Concurrent Resolution 108, which swiftly terminated federal assistance to many native tribes. This drastic policy shift undid the temporary gains of the Wheeler-Howard Act and threw many native groups into financial and political disarray. It also imposed US laws on reservation lands and encouraged native people to leave their reservations.
In the late 1960s, in the midst of the American civil rights movement, the government once again reevaluated the situation of Native Americans. Initiatives supported by presidents Lyndon B. Johnson and Richard M. Nixon began to push for a more-responsible policy to help Native Americans gain freedom and autonomy. The Indian Civil Rights Act of 1968 guaranteed native communities protection under the US Constitution and reasserted protections for native governments against state authority. Subsequent rulings allowed financial assistance for tribes and helped protect their claims to land and resources. By the 1980s, many Native American groups had reached self-determination and began to function as distinct governments within the United States.
Bibliography
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Hayworth, Roberta. "Federal Indian Policy, 1492–Present." US Army Corps of Engineers. Web. 25 Nov. 2014. http://www.usace.army.mil/Portals/2/docs/civilworks/tribal/workshop/lrc‗history.pdf
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"Trail of Tears: A Journey of Injustice." National Park Service. Web. 25 Nov. 2014. http://www.nps.gov/trte/index.htm