Native American rights
Native American rights encompass the legal and cultural rights of the indigenous peoples of the United States, who have inhabited the land for thousands of years. Following the arrival of European settlers in the late 15th century, Native Americans faced significant challenges, including the introduction of diseases and the loss of their lands due to colonization. Over time, efforts were made to recognize and protect these rights through treaties, legislation, and court rulings, with the U.S. government officially granting citizenship to Native Americans in 1924.
Today, there are over 5.2 million Native Americans in the United States, with around 566 federally recognized tribes. These tribes are considered sovereign nations, possessing a degree of self-governance and the ability to operate their own legal systems. While they have rights similar to other U.S. citizens, such as freedom of speech and religion, certain aspects of tribal governance differ from federal law. Notably, the Indian Civil Rights Act of 1968 outlines specific legal protections, while also acknowledging the unique cultural practices of Native American communities.
Tribal governments, while operating under federal oversight, have the authority to regulate their own affairs and maintain their cultural identity. Organizations like the Native American Rights Fund work to uphold and advocate for the rights of Native Americans, ensuring that their legacy and needs are respected in contemporary society.
Native American rights
Native Americans lived on the lands that became the Americas many thousands of years ago. They crossed the Bering land bridge from Asia into what we know as the state of Alaska and then journeyed south to what is now North America. They settled these areas and lived uninterrupted for many years.
The first European settlers arrived in the Americas in the late fifteenth century, bringing much change to the Native American populations. The settlers unknowingly brought diseases, such as measles and smallpox, to which the Native Americans had no defense. These diseases quickly sickened many people and wiped out entire communities of the native people. In addition, the settlers claimed lands that belonged to the Native Americans for themselves, forcing the natives to move from their lands. This caused much strife between the two groups. The influx of settlers continued in the next few centuries and caused further strained relations. The settlers focused on colonizing the lands and did not care about the rights of the Native American tribes. The settlers continued to fight the natives and pushed them to the West.
With the establishment of the United States in the eighteenth century, the new nation tried to make agreements with the Native Americans in the form of treaties. The terms were rarely followed or enforced, and the mistreatment of the Native Americans persisted. The Indian Removal Act of 1830 continued the abuses of the Native Americans and forced more than ten thousand natives westward. Eventually the United States began to recognize the Native Americans' rights established through the many treaties with the various tribes. In 1924 the United States officially granted citizenship to all Native Americans.
Overview
Today more than 5.2 million Native Americans live in the United States. The federal government recognizes about 566 tribes, which receive certain benefits, protections, services, and rights because of their relationship with the United States. The tribes received these designations through treaties, the enactment of laws, court decisions, and more.
The United States signed treaties, or contracts, with many Native American tribes from 1778 to 1871. These contracts formed Native American nations that received various rights in exchange for land. Under federal law, Native American tribes are considered sovereign nations, which means they have a form of self-government. Tribes own and govern reservations and other tribal lands, but they are not required to live in these specially designated areas.
Tribal governments operate under the supervision of the U.S. Secretary of the Interior. They govern using constitutions and other contracts. A chief executive, or chairperson, leads the government along with a tribal council. Tribal members usually elect the chief executive and council members. The tribal government makes and enforces laws, enacts and collects taxes, determines tribal citizenship, regulates various other activities, and more on reservations. Tribal governments cannot print currency, declare war, or engage in foreign affairs. Some tribes have a tribal court system to handle judicial affairs and work with tribal members convicted of crimes on reservations. Since the Native American sovereign nations are still part of the United States, the nation still has authority over the tribes. They must still follow federal and state laws.
Native Americans are citizens of the United States. The United States recognized certain tribal members as citizens as early as 1817, and the Indian Citizenship Act of 1924 identifies all Native Americans as citizens. Native Americans receive the same rights and benefits as other U.S. citizens as well as a few other different rights.
The U.S. Constitution protects the rights of all American citizens, including Native Americans. In 1968, the United States passed the Indian Civil Rights Act (ICRA), which differs slightly from the Constitution. The act defines which laws apply to Native Americans. Natives have the same rights of freedom of speech and assembly as protected by the First Amendment of the Constitution. They also have the right to due process, which is the protection of one's legal rights.
Freedom of religion is protected differently for Native Americans. The First Amendment separates church from state, but in Native American culture, religion and government are intertwined. According to the ICRA, Native American governments can follow their own religions, but they cannot force tribal members to follow a certain religion, nor can they punish individuals for their religious beliefs.
Another difference relates to the rights of criminals. According to the Constitution, if a person accused of a crime cannot afford a lawyer, one will be provided at the expense of the state. Under the ICRA, tribal nations do not have to pay for legal representation. Tribal nations also have the right to set their own rules for outside attorneys who want to practice law in tribal courts.
Native Americans can vote in federal, state, local, and tribal elections. They can be elected or appointed to hold seats in public office. Charles Curtis, a member of the Kaw tribe of Kansas, served in various government positions and was named vice president under President Herbert Hoover. Native Americans can also serve in the armed forces.
Native Americans are required to pay state, local, and federal taxes. Some exceptions regarding reservations and other Native American lands exist, including not having to pay local property taxes or state sales tax on certain transactions.
The Native American Rights Fund formed in 1970 to protect the rights of Native Americans and ensure these rights are followed by the U.S. government. In addition, the nonprofit law firm promotes Native American rights, holds the federal government accountable, preserves tribes' existence, protects tribal nations' resources, and develops Native American laws.
Native Americans were the first inhabitants of the United States. The European colonists treated the tribes poorly and forcibly took their lands. As time passed, the United States tried to right the injustices made against the natives by giving them lands and allowing them to operate under a system of limited self-government.
Bibliography
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“Answers to Frequently Asked Questions About Native Peoples.” Native American Rights Fund, 2024, narf.org/frequently-asked-questions/. Accessed 8 Oct. 2024.
“Demographics.” National Congress of American Indians, 1 June 2020, archive.ncai.org/about-tribes/demographics. Accessed 8 Oct. 2024.
“Do Native American Indians Have Special Rights?” HG.org Legal Resources, www.hg.org/article.asp?id=31571. Accessed 8 Oct. 2024.
“Frequently Asked Questions.” Indian Affairs, US Dept. of the Interior, www.bia.gov/bia/eeo/faq. Accessed 8 Oct. 2024.
"Issues." Native American Rights Fund, 2024, narf.org/issues/. Accessed 8 Oct. 2024.