NATIVE PEOPLES LAW HISTORY

  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.