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Sunday, January 31, 2010

Native American Rights

Native Americans have a unique legal position in modern day America because they live under two forms of government. On one hand they live like the rest of Americans and have all the unalienable rights as every other citizen does. On the other hand they belong to their own self-governing tribe. Native Americans still maintain their traditional tribal rights that are passed down unto them. This combined form of government for the Native Americans is the result of the many conflict is the past with the Federal government. many treaties had been broken and the natives had been deprived of their tribal sovereignty. As a result of this unfair treatment, the modern government has recognised the native Americans as a unique people that are allowed certain unique rights because of their ancient history and culture with American land.

Tribal sovereignty is the traditional inherited right that each tribe has the right to govern itself. When the colonists first came to America, they had broken this right when they had dominated the land and took control of the native tribes. However, it is important to know that the modern government understands what they did in the past was wrong and would like to give the Native Americans unique rights in order for them to keep some tribal sovereignty. Still, the federal government sets the limitations for the current tribes, but gives them some unique rights. Native American tribes that live within reservations still are self-governing. Within these boundaries, Native Americans are allowed to practice any cultural or traditional practice.

Even though the whites have greatly mistreated the native Americans in the past, it seems that the current U.S. government is trying to make up for what they have done. They specifically give Native Americans unique rights so that they may still live how they would like. Also, the government retains all peace treaties made in the past even if they were broken, to show that they are sorry for breaking them.

"Native American Rights." West's Encyclopedia of American Law. Ed. Shirelle Phelps and Jeffrey Lehman. Vol. 7. 2nd ed. Detroit: Gale, 2005. 195-204. Gale Virtual Reference Library. Gale. Deerfield High School. 1 Feb. 2010 .

1 comment:

  1. This article seems very interesting because the news typically focuses on the economy, wars, and healthcare. It is not often that one hears about the rights that Native Americans are given in this country. I didn't even know they had unique rights. I am interested to know what more of these rights are. By giving them different rights, the government is attempting to accept them into society, but at the same time is it enforcing discrimination? However, Ifeel that these Native Americans feel so strongly about their tribes that they would not mind some segregation. Overall, citizens in the United States have the right to freedom of religion so therefore allowing them to practice their own religion is not anything unlike we have ever seen. There are temples and churches where different individuals practice their own religions. The American government should be allowing Native Americans to practice their unique religions for they are turly not any different from anyone else.

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