As dual citizens, American Indians have unique rights that are not commonly known by the general public.
To protect themselves in legal circumstances, it is wise to contact an attorney wise in Native Peoples Law.
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The
Fourteenth Amendment of 1868, granted United States citizenship to former
slaves and to all persons “subject to U.S. jurisdiction”. It also limited state
power: a state shall not violate a citizen’s privileges or immunities: shall not deprive any person
of life, liberty, or property with due process of law; and must guarantee all
persons equal protection of the laws.Unfortunately, this did not include a very
vital social contingent, our Native Americans.
The Indian Appropriation Act of 1871 made
all Native Americans wards of the federal government and nullified all treaties
with them. Thus, Congress was able to destroy the sovereignty of the remaining
traces of the Native American nation. Federal Indian policy establishes the
relationship with the Indian Tribes and the U.S. government within its
borders. The Constitution allows the
federal government responsibility for
working with the tribal communities, many of which are distinct entities unto
themselves, and in fact, do not get along with one another.
American Indians currently have dual
citizenship, both as U.S. citizens and tribal citizens. Therefore, there are
many layers of complex laws
about
civil rights protections.
In 1924, the Indian Citizenship Act confirmed
citizenship to Indians born in the country. Prior to the Civil War, Indian
citizenship was limited to Indians of one half or less Indian blood. The
ratification of the Fourteenth Amendment, did not clarify citizenship for
Indians. Native Americans were entitled to citizenship if they married a U.S.
citizen, served in the military, or represented in a treaty.
In 1965, the Voting Rights Act
prohibited discrimination on the basis of race or color. This legislation was
important because at this time states had literacy tests and poll taxes as
barriers to Indian voting.
In 1968, Congress held hearings about
the abuses and mixed authorities within the tribal governments. The Indian
Civil Rights Act was passed, which again demonstrates the conundrum of the U.S.
government recognizing and coordinating efforts of civic good, with the tribal
governments. The Supreme Court held that the federal government had no
authority over the enforcement of tribal laws. Currently, on the northcoast we
have a myriad number of casinos, few of which pay any attention to building
codes and/or environmental concerns. The American Indian Movement was formed to
address advocacy for treaty rights, living conditions, and racism.
In 1975, the Indian Self-Determination
and Education Assistance Act authorizes government agencies to enter into
contracts with Indian tribes. This also allows the tribal governments able to
accept grants and administer funds.
In 1978, the Religious Act was created
to preserve and protect the religious rights of American Indians, Eskimos,
Aleuts, and Native Hawaiians. These issues include; 1) Access of sacred sites,
2) Repatriation of sacred objects held in museums, 3) Freedom to worship
through ceremonial and traditional rites, 4) Use and possession of objects
considered sacred.
Also in 1978, the Indian Child Welfare
Act requires Indian children to be placed with extended family members, other
tribal members, or other Native American families for foster-care or adoption
purposes.
In 2010, the Tribal Law and Order Act
was signed into effect by President Obama. This expands the punitive abilities
of tribal courts operating in Indian country to increase jail sentences held
within criminal cases.
In 2016, Humboldt County, CA received
funding from the Governor’s Office of Emergency Services to provide mental
health treatment to tribal children who have been victims of crime and other
illegal situations facing them. The Yurok Tribal Council is working on a plan
involving health officials within the Tribe and representatives from several
outside entities to provide help for at-risk youth and young adults. By
collaborating with federal, state, local, and tribal agencies, Yurok leadership
has expanded social services to include mental health training, alcohol and
drug counseling, and parenting classes. It is unfortunate that these communities
have extremely high rates of teenage suicide and domestic violence. While some
tribes may have a youth suicide rate three times the national average, other
tribe’s have rates that go as high as ten times the national average.
Mental illness plays a part in almost
90% of suicides according to the National Alliance on Mental Illness, and such
conditions can be treatable. However, for Indian communities, often rural and
difficult to trespass into for strangers, mental health resources don’t always
reach them.
These small remote communities
throughout northwestern California and Oregon, located in the mountains and
coastlines, consist of many separate rival tribes. In addition the Native
American population is at higher risk for other health issues including:
likelihood of dying due to alcohol related causes, incidence of diabetes and
tuberculosis, and the highest rate of intimate partner violence in the U.S. The
Native American child is double at risk for abuse and neglect.
As dual citizens, American Indians have
unique rights that are not commonly known by the general public. To protect
themselves in legal circumstances, it is wise to contact an attorney wise in
Native Peoples Law.
