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Your use of the machine generated PDF is subject to all use restrictions contained in The Cengage Learning Subscription and License Agreement and/or the Gale In Context: Opposing Viewpoints Terms and Conditions and by using the machine generated PDF functionality you agree to forgo any and all claims against Cengage Learning or its licensors for your use of the machine generated PDF functionality and any output derived therefrom. Native American Rights Date: 2021 From: Gale Opposing Viewpoints Online Collection Publisher: Gale, a Cengage Company Document Type: Topic overview Length: 2,484 words Content Level: (Level 5) Lexile Measure: 1430L Full Text: As reported by the United Nations, there are approximately 370 million Indigenous people throughout the world. In the United States, approximately 6.6 million people identify as American Indian and Alaska Native, accounting for 2 percent of the total US population in 2015. In 2021 this population included members of 574 federally recognized Native American tribes and Alaska Native villages and 326 federally recognized reservations on 56.2 million acres, excluding Hawaiian Home Lands. Indigenous peoples are groups of people whose specific rights are based on their ancestral lineage in a particular geographical area. They tend to have distinct social, economic, and political systems, and unique languages, cultures, and beliefs. Indigenous peoples share certain common characteristics. Historically, they represent a minority population within a post-colonial nation state and are marginalized by that nation state. Indigenous sovereignty refers to a status that some Indigenous peoples have maintained, which allows them self-governance and protected rights under treaties with post-colonial countries. Indigenous nation states, First Nations, and Tribal nations are terms used to indicate Indigenous sovereign nations. In the United States, these groups are classified as “domestic dependent nations,” meaning they have a government-to-government relationship with the United States. European colonization had a significant and lasting impact on the Indigenous populations of America. In one 2016 analysis of the DNA of 92 pre-Columbian mummies and skeletons ranging from 500 to 8,600 years old, scientists looked for evidence of a genetic link between these ancient people and the Indigenous people of today. None of the genetic lineages examined in the study could be found in the DNA of current Indigenous North and South Americans, suggesting that there was a major demographic collapse in which entire lineages within the Indigenous populations went extinct upon the arrival of Spanish colonizers during the late 1400s. A shift toward decolonization, or the undoing of colonialism and colonial rule over Indigenous populations, took place after World War II as many colonial empires, such as those established by Great Britain, were dismantled, and Native peoples sought greater autonomy. In the twenty-first century, decolonization has also come to refer to the departure from perspectives that see Indigenous people as inferior, the removal of colonial power, and in some cases, the withdrawal of colonial settlers. Land and Resource Rights Native land rights in the United States have a tumultuous history shaped by many significant court cases and legislative acts. In 1830 President Andrew Jackson signed the Indian Removal Act, which allowed the president to grant land west of the Mississippi River to Native American tribes in exchange for land within existing states. This relocation policy led forced removal of thousands of Native Americans. Over the next two decades, an estimated 100,000 Cherokees, Chickasaws, Choctaws, Creeks, and Seminoles, were pushed out of their ancestral lands. An estimated 15,000 died on the journey. One of the most infamous of these forced removals was the to the Trail of Tears (1838–1839), in which an estimated 4,000 Cherokees died while on a forced march from their homelands. The landmark case of Johnson v. M’Intosh (1823) had significant effects on Indigenous peoples’ land rights in the United States. At issue was whether Native populations had the power to sell their land titles to private individuals. The plaintiff, Johnson, claimed title to his property based on two deeds that the chiefs of the Illinois and Piankeshaw Indian nations had granted to his family. The court ruled that private citizens’ purchases of land from Native Americans would not be recognized, essentially limiting Native Americans’ ownership of the land and their rights to sell it. This changed with the General Allotment Act of 1887, also referred to as the Dawes Act. The legislation divided up portions of American Indian reservation lands into individual parcels and assigned them, along with eventual selling rights, to heads of Indian households. The federal government claimed the legislation was intended to assimilate American Indians into white cultural norms. Critics contend that it broke tribal unity and enabled white settlers and speculators to buy land in Indian territory. As a result of the Dawes Act, American Indians lost ownership of 90 million acres of the 138 million acres of land that had been granted to them before 1887, reducing Indian lands by nearly two-thirds by 1934. Globally, only 10 percent of land is legally owned by Indigenous people. As stated, in the United States, land is held in trust by the federal government for tribal nations. This land trust relationship has been mishandled and abused many times. Advocates of Indigenous nations’ land rights argue that Native people’s sovereignty over their land is a crucial step of decolonization. They also contend that recognizing Indigenous peoples’ rights to ancestral land and respecting their traditional environmental practices play an important role in sustainable development and protection of the earth. Civic Engagement Many of the legal decisions about Native American land rights were made before all Native Americans were recognized as citizens and achieved voting rights. Many Native Americans did not become US citizens until Congress passed the Indian Citizenship Act of 1924, which was seen by some as forced citizenship as they believed it could impede tribal sovereignty. Prior to this time, Native Americans were only granted citizenship through circumstances such as marriage to a white person or military service. Even after 1924, Native Americans in many states could not vote because the right to vote was granted at the state level rather than the federal level. The final state to grant state citizenship, and thus the right to vote, to Native Americans was New Mexico in 1962. Some Native Americans continue to experience barriers to voting such as difficulty reaching polling places from isolated rural reservations, requirements to have a fixed mailing address rather than a P.O. box number, or a lack of access to voting services in Native American languages. Environmental, Social, and Economic Justice In 2016 the Native American land rights issue received national attention during the construction of the Dakota Access Pipeline (DAPL). Concerned about the environmental and health risks of the pipeline, a small protest camp formed in April 2016 on the Standing Rock reservation to voice opposition to the construction of a section of pipeline planned to cross under ancestral land and the Sioux tribe’s water source, Lake Oahe on the Missouri River. By winter 2016 the protest had gained international attention and grown into a demonstration of thousands of protesters in support of tribal rights and environmental justice. While the protest was successful at delaying the construction, it was ultimately unsuccessful in stopping it. Construction of the pipeline was completed by April 2017. However, in June 2017 a federal court ordered a review of the environmental impacts of the pipeline, noting that the construction process had not adequately taken into account environmental justice concerns for the Standing Rock Sioux tribe. The judge cited an executive order issued by President Bill Clinton in 1994—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations—which requires that environmental, health, and social impacts on minority populations, including Native Americans, be taken into account in federal projects. The Environmental Protection Agency (EPA) has also developed a Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples. Implemented in 2014, it aims to help tribes implement federal environmental programs and collaborate with federal agencies on environmental justice issues. The fight against the DAPL was ongoing as of April 2021. Economic justice issues have also been a major concern for Native Americans, who experience one of the highest rates of poverty among racial and ethnic groups in the United States. Many Native American tribes saw an opportunity for greater economic independence through casino operations after the US Supreme Court upheld the rights of tribal governments to conduct and regulate gaming on tribally sovereign lands in California v. Cabazon Band of Mission Indians in 1987. The Indian Gaming Regulatory Act (IGRA), a federal law enacted the following year, made legal distinctions between high-stakes commercial gambling operations, such as casinos with slot machines, and smaller scale gaming operations, such as bingo halls. It also established the National Indian Gaming Commission (NIGC) to provide regulatory oversight of gaming activities on federally recognized tribal lands. Under IGRA, tribes have the right to regulate gaming on their lands independent of state regulations unless a specific gaming activity is prohibited by the state. As of 2015, 242 Native American tribes operated 494 gaming facilities in twenty-eight states. These facilities generated $30 billion in gross revenue, representing about 44 percent of the US casino industry’s total revenue. Advocates of the industry assert that gaming revenue has helped to fund services, reduce unemployment, and improve infrastructure on tribal lands. However, the majority of Native Americans do not receive direct monetary benefits from their tribe’s involvement in the gaming industry. Many tribal lands are far removed from urban areas, making casinos not feasible or only marginally profitable. Even profitable casinos may see employment benefits and revenue go to non-tribal employees and corporations that operate the casinos. In 2016 Native Americans experienced the highest levels of unemployment of any ethnic or racial group, according to the Bureau of Labor Statistics. Some critics observe that myths about the wealth generated by Indian gaming has made it more difficult for Native Americans to petition for highly needed funding and assistance. Public Health Indigenous peoples, particularly those living on reservations, face a number of public health issues. Native Americans and Alaska Natives have high diabetes rates, a health issue often associated with poverty and a lack of access to affordable, healthy foods. According to 2010 census data, about 22 percent of Native Americans and Alaska Natives lived on reservations or land trusts, often in rural or remote areas. Geographic isolation and cultural barriers limit access to quality medical care on tribal lands. The leading causes of death among Native populations are heart disease, cancer, and unintentional injury. They report nearly twice the national average rate of sexual violence and higher levels of mental and behavioral health issues. Native populations also face disproportionately high suicide rates, particularly among teens. The United States began a policy of forced assimilation starting in the 1880s, aiming to “Americanize” Indigenous peoples through youth education. Captain Richard H. Pratt, a central figure of these policies, employed often brutal methods to strip students of their tribal culture in order to, as he put it, “kill the Indian … and save the man.” His approach called for Indigenous youths to be taken away from their tribes and placed in boarding schools where they were required to give up their names, languages, and clothing, and cut their hair. Nearly 150 such boarding schools were established throughout the United States by the early 1900s; by 1925 there were 357 that enrolled about 83 percent of all Native American children. Access to secondary and higher education is a key component to improving quality of life and combating issues such as poverty and high drug use among Native American populations. The Bureau of Indian Education (BIE) oversees about 183 elementary and secondary schools in twenty-three states, with 130 schools controlled tribally under Indian Self Determination Contracts or the Tribally Controlled Grant Schools Act. The BIE also oversees two post-secondary education institutes: Haskell Indian Nations University and Southwestern Indian Polytechnic Institute. While BIE schools can provide a more comfortable social environment for Indigenous students, a 2015 report from the National Indian Education Study showed that students in low- and high-density US public schools performed higher in reading and math than those in BIE schools. Cultural Appropriation and Misrepresentation Mass media plays an important role in how social groups are understood and viewed. Some groups, like Native Americans, are either underrepresented or misrepresented in the media. Criticism notes that Native American and Indigenous groups are often portrayed as one-dimensional stoic people or as culturally stuck in the past. Common stereotypes of American Indian men portray them as warriors, medicine men, or single-syllable speakers. Women are often depicted as princesses or sexually promiscuous. Such stereotypes are detrimental to the general population’s understanding of Indigenous people and perpetuate a misconception that Indigenous people have died out, according to racial justice advocates. They lead to a myth that “real” Indigenous people have to live according to traditional historic ways of life rather than adapting and integrating into the modern world to be considered authentic Native Americans. As of the late twentieth century, a movement has arisen against the use of Native American mascots for sports teams. A prominent example is the long-standing objections to the name and mascot of Washington's National Football League (NFL) team. In 2014 the team lost six of its trademarks for the mascot when the US Patent and Trademark Office determined that the name was disparaging to Native Americans. However, a 2017 Supreme Court ruling determined that disparaging trademarks are permissible under First Amendment guarantees of freedom of speech, which allowed the team to legally retain its trademarks. After decades of controversy, the team finally dropped its offensive name in 2020. A new team name was expected to be announced in 2022. A number of colleges and universities changed their mascots in 2005 when the National Collegiate Athletic Association (NCAA) banned the use of mascots, imagery, or team names considered derogatory to Native Americans at any of its championship games. Other college teams, such as the Florida State University (FSU) Seminoles, have kept their team names by working closely with Native American tribes. The Seminole Tribe of Florida has advised FSU administrators on modifying the team’s logo to be more culturally accurate and consulted on a course related to Seminole history introduced into the university’s curriculum. Those who support the use of Native American mascots contend that they are symbols of respect for Indigenous people, while critics argue that they perpetuate negative stereotypes of Native populations. A 2016 study by the University at Buffalo found that such mascots are nearly entirely perceived as negative and can increase negative stereotyping. These stereotypes not only affect how Native groups are perceived but have also been found to negatively affect self-esteem among Native youths. In response, some states have taken measures against the use of Native American mascots in primary and secondary schools, but an estimated 2,000 high schools across the United States continue to use Native American mascots. Indigenous groups also face other appropriations of their culture and history by non-Native people, which are often offensive to Indigenous persons and perpetuate cultural misunderstandings and stereotypes. From Halloween costumes to music festivals, Native clothing and symbolic imagery are used in ways that are mocking, insensitive, and disrespectful. Examples include headdresses as a fashion accessory or totem poles used outside of their cultural context. In spring 2017 the Oregon Country Fair, a three-day music and art festival, canceled the scheduled raising of a fake totem pole after receiving criticism for the cultural misappropriation of the Indigenous structure, which is traditionally only used by Native tribes for culturally specific reasons in the Pacific Northwest region. Full Text: COPYRIGHT 2021 Gale, a Cengage Company Source Citation (MLA 8th Edition) "Native American Rights." Gale Opposing Viewpoints Online Collection, Gale, 2021. Gale In Context: Opposing Viewpoints, link.gale.com/apps/doc/PC3010999154/OVIC?u=lincclin_pbcc&sid=bookmark-OVIC&xid=2044875b. Accessed 12 June 2021. Gale Document Number: GALE|PC3010999154 x Mid-Term Essay #1 and Final Exam Essay #2 MLA formal Instructions and Grading: 1. This course is based on students mastering the Learning Outcomes required as outlined by the State of Florida (see syllabus). Demonstrating mastery of the Course Learning Outcomes is required to pass the course. 2. Throughout the term, in each Lesson, if students paid close attention and obtained assistance from the Lab and library tutors, then students will have learned to write formal academic research essays in MLA format using: a. A focused Topic with a clear Thesis/main idea, Academic Audience (not 2nd person), and clear Purpose in a developed introduction. b. Well-organized thoughts that are Outlined clearly and flow of information is easy to follow with Topic Sentences and Transitions. c. Ample, Developed, concrete, specific, detailed examples to support the main idea. . d. MLA Works Cited page with correct in-text citations to match and sources must be introduced in the text before quoting e. Edited for Standard English Grammar and Punctuation that does not use 2nd person. 3. The Exams are formal, full-length college essay in MLA style format. Ihr 4. MLA research Essay using the library database I provide. a. 3 paragraph (introduction, body, conclusion) minimum b. 750wrd roughly 3 pages plus a Works Cited page (quoted information and Works Cited page do not count toward word Activate Windows count) Go to Settings to activate Wind 5. Students must use at least I Direct Quote (Not more than 3 lines OR it MUST be formatted as a BLOCK quote). This quote 2:57 6/10/ Reply... x 3. Students must use at least 1 Direct Quote (Not more than 3 lines UK IT MUST be formatted as a BLOCK quote). This quote MUST come from the 1 Source required to be used in the essay a. I will provide the Source options from the Library Database here (see links and the Video Instructions). Students will research the provided Topic and chose which type of source they want to use (articles, journals, images, audio, videos... it does not matter, but they must be cited correctly). b. Students may use more than 1 quote but remember (quoted information is not part of the word count). All quotes must be corrected cited and introduced sources (students using audio/image/video sources will definitely need help getting this correct). The Bedford shows how to cite every type of source. c. Students may NOT use sourced information outside of the Library Database I provide (this risks failing the exams). Students may use more than 1 source from the same Database within the topic I chose (but they must be cited correctly). 6. Each Lesson Test should be perfected according to feedback and grading and working with tutors BEFORE developing the Exam Essays. 7. Study the student examples (there are also plenty in the announcements from previous courses). I change the topics each semester, so even though the topics are different in the examples, the Learning Outcomes required for Mastering the course are the same and the rubric for grading is the same, so the topics don't matter. Just study the technical aspects of the examples. 8. Topic from the Library Database: a. Mid-Term Exam Essay #1 - "Sustainability" b. Final Exam Essay #2 – "Native American Rights" 9. Students will be writing their own PERSONAL opinion on the Topic. Students MAY NOT summarize an opinion from the Go to Settings to activate Windo sources but MUST come up with their own original idea. Students can: 2:58 PM 6/10/20 Reply... x the same and the rubric for grading is the same, so the topics don't matter. Just study the technical aspects of the examples. 8. Topic from the Library Database: a. Mid-Term Exam Essay #1 - "Sustainability" b. Final Exam Essay #2 - "Native American Rights" 9. Students will be writing their own PERSONAL opinion on the Topic. Students MAY NOT summarize an opinion from the sources but MUST come up with their own original idea. Students can: a. Agree with or Disagree with the source. b. Make a Personal Connection or relate to the Subject matter in the source. 10. Database Instructions: a. Click on the Library link in Blackboard. b. Click on A-Z Database c. Click G and scroll to Gale in Context: Opposing Viewpoints d. Scroll all the way down and click on Browse All Issues e. There will be a list of Issues: Click on Sustainability for the Mid-Term Exam and Native American Rights for the Final Exam. Activate Windows Go to Settings to activate Win Bo 2:58 6/10 Reply...
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