Native American Law

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Reservation system

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Native American Law

Definition

The reservation system refers to the federal government's policy of allocating specific lands to Native American tribes, often in an attempt to control their movements and limit their interactions with non-Native populations. This system emerged during the 19th century as tribes were forcibly removed from their ancestral lands, and it has continued to evolve, influencing the legal status and rights of tribes over time. The establishment of reservations was seen as a way to isolate Native Americans from white settlers and to facilitate the assimilation process.

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5 Must Know Facts For Your Next Test

  1. The reservation system began with the Indian Removal Act of 1830, which forced tribes like the Cherokee and Creek from their homelands.
  2. Many reservations are located on land that is less desirable for agriculture or development, often leading to economic challenges for tribes.
  3. Reservations can have different levels of self-governance, with some tribes exercising significant autonomy while others face restrictions imposed by state and federal governments.
  4. The Supreme Court has ruled on several cases involving reservation boundaries and tribal sovereignty, impacting how tribes interact with state laws and jurisdictions.
  5. The reservation system has been criticized for perpetuating poverty and limiting opportunities for economic development among Native American communities.

Review Questions

  • How did the reservation system affect the movement and culture of Native American tribes during its implementation?
    • The reservation system drastically altered the movement and culture of Native American tribes by confining them to specific areas designated by the government. This confinement disrupted traditional lifestyles, hunting grounds, and social structures, leading to a loss of cultural practices as tribes were forced into new environments that often did not support their ways of life. Additionally, these changes fostered a dependency on government assistance, further eroding tribal autonomy and cultural resilience.
  • Discuss how the establishment of the reservation system influenced tribal sovereignty and governance over time.
    • The establishment of the reservation system initially limited tribal sovereignty by placing Native American tribes under federal control. Over time, however, many tribes have fought to reclaim aspects of their sovereignty, leading to varying degrees of self-governance on reservations. Legal battles have established important precedents that affirm tribal authority over internal matters, but challenges remain as state and federal laws continue to impact how tribes exercise their rights.
  • Evaluate the long-term impacts of the reservation system on contemporary Native American communities in terms of social and economic factors.
    • The long-term impacts of the reservation system on contemporary Native American communities are profound, particularly regarding social and economic factors. Many reservations struggle with high rates of poverty, unemployment, and limited access to education due to historical marginalization and ongoing systemic issues. While some tribes have found ways to leverage casino gaming or other enterprises for economic growth, others remain economically dependent on federal assistance. Additionally, the legacy of cultural disruption continues to affect community cohesion and identity as tribes work to revitalize traditional practices in a modern context.
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