Defining Race and EthnicityEssay Preview: Defining Race and EthnicityReport this essayCurrent issue between Native Americans and the federal government.A current issue that still needs to be addressed by both parties is the clarification of the Indian Recognition Act of 1934. (IRA) Previous to IRA between the years of 1887 and 1934, the U.S. Government took over 90 million acres, nearly 2/3 of reservation lands, from the tribes without compensation and gave it to settlers. (Unknown, 2009) The issue comes from a decision in February of 2009 where the Supreme Court had made a decision about a case in Carcieri vs Salazar, which has now created confusion between both parties. In the case the Supreme Court overturned a longstanding interpretation and held that the phrase “now under Federal jurisdiction” limits the Department of Interiors authority to provide benefits under the IRA to only those Indian tribes “under federal jurisdiction” on June 8, 1934. (Dossett, 2009) Previous to 1934, Congress had policies set in place that were intended to destroy Indian tribes but with the IRA tribes were now in favor of revitalization of their governments, culture and land.
Identify the legislation that you think is linked to the issue, and explain why you think there is a connection.It is quite clear as to the parties involved in this issue; it is the Native American Indian tribes, and Congress. As Congress is the party that lays down the law so to speak. Without any action from Congress it could lead to disorder in the development of their (Indian) economy, loans, land development, public safety and the jurisdictions that are currently set in place. As the IRA is a comprehensive federal law that provides not only the authority of the Secretary to restore tribal lands, but also for the establishment of tribal constitutions and tribal business structures. (Dossett, 2009) The IRAs purpose and reasoning for existence is to restore tribal communities and build up economic growth.
Dodd, M., (2013). “The Unelected Power of Natives: Political Power Within the Northern Frontier” (Penguin, 2013).
First, a broader look at the way the IRAs have moved from a state policy agenda to a practice of government regulation of the lives of the majority of its citizens. These actions have included: (i) giving states broad authority to enforce certain basic rights with regard to the health and safety of the tribal communities; (ii) passing laws requiring tribal members to disclose health information about the risks to public safety associated with the use of their land; (iii) developing law enforcement that promotes economic growth; and (iv) establishing the tribal criminal justice system, which has a proven record of criminal convictions, including most recently, the death sentences of Indian criminals. All of these and other actions have resulted in a legal erosion of state sovereignty.
In effect, tribes, along with others, are not governed by, or even at all accountable to, states, for the rights they hold in their territory. Nor can they be controlled from within. Rather, they have the power, however limited, to take the actions that they deem appropriate. For example, to ensure tribal sovereignty on their borders, their jurisdiction is dependent on states having the greatest ability to address the needs of their tribal population, as well as the right to manage and preserve that population. The American Indian law currently governs all of these sovereign Indian sovereignty issues, and Congress has not given the tribal peoples of any form the right to seek to reestablish the land their landowning ancestors were so proud of. The current tribal government has refused to enforce the law, which it regards as noncompliant with the Constitution and the rule of law. (Hebert, 2008) In this article, you will explore how these tribes have changed their practice of sovereignty and how it has impacted their business, and the tribal communities that have suffered as a consequence. In addition, you can discuss the issues posed by these changes, such as the growing threat of Native American tribal terrorism, environmental degradation and corruption. Finally in this article, you will explore how the United States has failed to address the problem of tribal crime and the threats they now pose.
The US is far from alone in the ways it has failed to address these systemic issues. Many states are simply not taking advantage of the opportunity to improve the social conditions for citizens of the United States and create new ways for people to express and benefit from one another’s culture, customs, and traditions. These issues are increasingly a question of public safety, sovereignty, and justice. Most Americans want to build their economic livelihoods on the backs of their families because of their tribal status, but instead of doing their jobs with dignity, honesty, and dedication to their community, they are being treated worse by the State. This failure is not solely about political corruption, even if they are not entirely at fault for it. It is about the many ways that the states fail to address these systemic issues.
One possible explanation for the US failure is lack of understanding about Aboriginal sovereignty. With a large Indian population, it is not surprising that the number