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🌽native american studies review

key term - Restoration of treaty-making

Citation:

Definition

The restoration of treaty-making refers to the re-establishment of the legal ability for Native American tribes to negotiate and enter into treaties with the federal government. This process is significant as it acknowledges the sovereignty of Native American nations and their right to engage in formal agreements, which had been largely undermined after the 1871 Indian Appropriations Act ended the practice of treaty-making with tribes.

5 Must Know Facts For Your Next Test

  1. The restoration of treaty-making is rooted in efforts to reclaim Native American sovereignty and ensure that tribes can negotiate their rights and lands directly with the federal government.
  2. Many tribes view the ability to enter treaties as a critical aspect of maintaining their identity, culture, and self-determination.
  3. The movement for restoration gained momentum during the 1960s and 1970s as part of the broader civil rights movements that sought justice for marginalized communities.
  4. The 1978 American Indian Religious Freedom Act was influenced by the desire for treaty rights, allowing tribes to practice their religions freely as part of their cultural heritage.
  5. In recent years, some tribes have successfully negotiated new agreements with federal and state governments, reflecting a shift towards recognizing their treaty rights.

Review Questions

  • How did the end of treaty-making in 1871 impact Native American tribes and their relationship with the federal government?
    • The end of treaty-making in 1871 significantly diminished the formal recognition of Native American tribes as sovereign nations. Without the ability to negotiate treaties, tribes lost vital legal avenues for asserting their rights, territories, and resources. This led to increased federal control over tribal affairs and contributed to the erosion of tribal sovereignty, causing long-term effects on tribal governance and self-determination.
  • In what ways did the restoration of treaty-making contribute to the movement for Native American rights during the 20th century?
    • The restoration of treaty-making was a crucial element in the broader fight for Native American rights, especially during the civil rights era. It symbolized a return to recognizing tribal sovereignty and allowed tribes to negotiate terms that would improve their social, economic, and political standing. By pushing for treaty restoration, activists highlighted the injustices faced by Native Americans and sought to correct historical wrongs through formal agreements.
  • Evaluate the implications of restoring treaty-making on contemporary Native American governance and intergovernmental relations.
    • Restoring treaty-making has profound implications for contemporary Native American governance by reaffirming tribal sovereignty and allowing tribes to reclaim authority over their lands and resources. It fosters better intergovernmental relations between tribes and federal or state governments by establishing frameworks for negotiation. This restoration can lead to more equitable partnerships where tribal interests are respected, ultimately supporting self-determination and enhancing tribal communities' well-being.