Torgeson, Indians Against Immigrants, 14 Am. Indian L. Rev. 57, *58
During the early occupation, Indian tribes were regarded as sovereign powers. The Royal Proclamation of 1763 set aside a reserve for exclusive use of Indians. The US Government also claimed exclusive jurisdiction in dealing with Indians through no intercourse acts. In 1830s began relocation through series of enactments. Dual aim of separating Indians from non-Indians and ensuring Indians at least a remnant of their lands on which to govern themselves and continue their traditions. Indian Appropriation Act of 1872 marked the end of the treaty era as future arrangements were made by executive order. In 1887 US Indian policy, influenced by reformed minded religious groups, changed through the General Allotment Act 1887 which permitted the Secretary of the Interior to parcel of reservation land to individual Indian owners. Most Indian allotters sold them to non-Indians. Reform sentiment arose again in the 1920s when the Indian Citizenship Act of 1924 provided Indians with US citizenship. The Indian Reorganization Act of 1934 was intended to vest real but limited authority to tribal organizations. In the late 1940s, known as the 'termination era' Indians were encouraged to migrate to urban areas and hundreds of reservations were dismantled. Public Law 280 of 1953 was designed to withdraw federal protection and permit states to extend their laws to Indian lands. This era ended in 1961 when Indian self-determination was proposed. The Indian Civil Rights Act of 1968 which on the one hand imposed limitations on tribes to govern themselves excluded the application of the prohibition of the governmental establishment of religion that would have conflicted with traditional Indian practices.
There has been some successful litigation on land and assertions of fishing rights. Congress has enacted some favorable legislation including the Indian Health Care Improvement Act 1976, the Native American Religious Freedom Act and Indian Child Welfare Act in 1978.
Johnson, Fragile Gains ..., 66 Wash. L. Rev. 643, *700
Mackiem, Distributing Sovereignty, 45 Stan. L. Rev. 1311, *1317
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