Native American Legal Studies

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Reservations

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Native American Legal Studies

Definition

Reservations are designated areas of land managed by Native American tribes under the United States federal government. These lands were often established through treaties and are intended to provide tribes with a degree of sovereignty and self-governance. The creation of reservations is deeply tied to the historical processes of European colonization, which included doctrines of discovery and conquest that sought to legitimize the appropriation of Indigenous lands and resources.

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5 Must Know Facts For Your Next Test

  1. Most reservations were established through treaties signed in the 19th century, often under duress or coercion from the U.S. government.
  2. Reservations vary widely in size, location, and population, with some tribes managing large land areas while others have significantly less land.
  3. Tribes on reservations often face economic challenges, including high poverty rates and limited access to services and employment opportunities.
  4. The establishment of reservations was part of a broader federal policy aimed at assimilating Native Americans into mainstream American society, often undermining tribal cultures and governance systems.
  5. Today, many tribes are working to reclaim their sovereignty and improve conditions on reservations through economic development, legal battles, and cultural revitalization efforts.

Review Questions

  • How did the establishment of reservations impact the sovereignty of Native American tribes?
    • The establishment of reservations significantly impacted the sovereignty of Native American tribes by both recognizing their rights to self-governance and simultaneously restricting their territorial claims. While treaties created designated lands for tribes to manage, they also imposed federal oversight that limited tribal authority. This duality reflects the tension between recognizing tribal sovereignty and enforcing external control over Indigenous affairs, making it a complex issue in Native American law.
  • In what ways did European doctrines of discovery influence the creation and treatment of reservations in the United States?
    • European doctrines of discovery fundamentally influenced the creation and treatment of reservations by justifying the appropriation of Indigenous lands under the premise that Europeans had the right to claim land inhabited by 'non-civilized' peoples. This ideology facilitated policies that led to forced removals, land cessions, and the establishment of reservations as a means to control Native populations while ostensibly acknowledging their existence. As a result, these doctrines laid the groundwork for systemic inequalities faced by Indigenous communities on reservations.
  • Evaluate the long-term consequences of reservation policies on Native American communities in terms of cultural identity and economic development.
    • The long-term consequences of reservation policies on Native American communities have been profound, affecting both cultural identity and economic development. Reservations often became sites where traditional practices and languages were preserved, yet they also imposed significant economic challenges due to limited resources and opportunities. The isolation and marginalization experienced by many tribes have hindered their ability to engage fully with broader economies. However, recent efforts towards economic development initiatives, cultural revitalization projects, and legal advocacy demonstrate a resilience among Native communities striving to reclaim their identities while navigating these historical legacies.
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