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o justify conquering people and land, Pope Alexander VI authorized a series of four orders or papal bulls that would become the Doctrine of Discovery. One of these orders helped place Spain at the center of exploration and conquest.

This order exerted that any land that was terra nullius (vacant land) not inhabited by Christians was available to be taken and ruled. The goal was for "the Catholic faith and the Christian religion be exalted and be everywhere increased and spread, that the health of souls be cared for and that barbarous nations be overthrown and brought to the faith itself."

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The Continental Congress, a governing body formed during the American Revolution, made up of delegates from 13 states, makes a treaty with the Lenape (Delaware). It is the first treaty between the newly formed United States and an American Indian tribe.

By entering into agreements with tribes, the U.S. acknowledged the government-to-government relationship between the two sovereigns. Many treaties contained provisions for education in exchange for land.

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Several constitutional provisions were put in place that eventually set the stage for the relationship bewteen the United States and Native Nations.

Commerce Clause (Article I, Section 8): The Commerce Clause has been used to justify federal regulation of commerce with Native American tribes, including the establishment of treaties, laws, and policies governing tribal lands, resources, and relations with the federal government.

Treaty Clause (Article II, Section 2): The Treaty Clause gives the President the power to make treaties with Native American tribes, which historically played a significant role in shaping federal Indian policy. Treaties often included provisions related to education and assimilation.

Supremacy Clause (Article VI): The Supremacy Clause establishes the Constitution, federal laws, and treaties as the supreme law of the land, binding on all states and individuals. This has been invoked to assert federal authority over Native American

affairs, including education policies.

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Congress Passes First Indian Trade and Intercourse Act

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Congress Passes First Indian Trade and Intercourse Act

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The first Indian Trade and Intercourse Act was passed by the United States Congress, officially titled "An Act to Regulate Trade and Intercourse with the Indian Tribes," and it aimed to establish federal regulation over interactions between Native American tribes and non-Native American settlers, traders, and government officials

Key provisions of the Indian Trade and Intercourse Act included:

Regulation of Trade

Protection of Native American Lands

Regulation of Treaties

Protection of Native American Rights

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Congress Passes First Indian Trade and Intercourse Act

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Congress passes the Indian Civilization Act, which authorizes up to $10,000 a year to support the efforts of religious groups and interested individuals willing to live among and teach Indians. The act leads many to found so-called mission schools, which increase in number until federal officials stop providing direct funding for them at the end of the 19th century. Some mission schools continue to operate today.

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The "Marshall Trilogy" is a term used to refer to three landmark Supreme Court cases in the early 19th century that helped define the scope and authority of the United States federal government, particularly concerning Native American tribes. These cases were decided during the tenure of Chief Justice John Marshall, hence the name "Marshall Trilogy.“

1.Johnson v. M'Intosh

2.Cherokee Nation v. Georgia

3.Worcester v. Georgia

The result of the “Marshall Trilogy” was Native American tribes were considered “domestic dependent nations.” The relationship between the tribes and the United States was like that of a “ward to a guardian.”

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Signed into law by United States President Andrew Jackson, the Removal Act authorized the president to negotiate with Native American tribes for federal territory west of the Mississippi River in exchange for Indian lands within existing state borders. Although some tribes accepted the Act, others such as the Cherokees resisted. During the Fall and Winter of 1838-39, the Cherokee were forcibly removed by the United States government in a march that later became known as the Trail of Tears. Several factors contributed to this tragic event:

Expansion Pressures

Treaty Violations

Forced Removal

Resistance

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1849: Responsibility for Indian Affairs transfers to Department of the Interior

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1849: Responsibility for Indian Affairs transfers to Department of the Interior

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The Bureau of Indian Affairs was originally established under the Department of War in 1824. The United States government then moved the oversight of Native American affairs from the War Department to the newly established Department of the Interior. This transfer marked a significant shift in the management and administration of policies affecting Native American tribes and their lands.

The transfer of Indian Affairs to the Department of the Interior did not, however, lead to a fundamental shift in federal Indian policy. The U.S. government continued to pursue a policy of assimilation and land dispossession, often through coercive means such as the establishment of Indian boarding schools and the allotment of tribal lands to individual Native American households.

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When the U.S. government enacted the Indian Appropriations Act, they declared that Native nations were no longer sovereign and ended the nearly 100-year-old practice of treaty-making between the Federal Government and Native American tribes. At that time, there had been approximately 374 treaties ratified between the U.S. and Native nations. After the Revolutionary War, the United States had continued the European practice of negotiating treaties with the Native Peoples similarly to how they negotiated with foreign governments. After the Indian Appropriations Act, however, all changes or additions to Native lands or status were conducted by Executive Order, Acts of Congress, or decisions of the Federal Courts.

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The General Allotment Act, also called the Dawes Act, sought to end Tribal sovereignty and erode reservation boundaries. The law authorized the President to break up reservation land, which was held in common by the members of a tribe, into small allotments to be parceled out to individuals. It was reasoned that if a person adopted "White" clothing and ways, and was responsible for their own farm, they would gradually drop their "Indian-ness" and be assimilated into White American culture. Then it would no longer be necessary for the government to oversee Indian welfare in the paternalistic ways it had previously done, including providing meager annuities, with American Indians treated as dependents.

The U.S. government determined how much land each Native person would receive and to get the land, the person had to meet certain criteria for enrollment as a Tribal member. The act offered sale or lease of reservation or surplus land to non-Natives.

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The Indian Citizenship Act, also known as the Snyder Act, was passed by the United States Congress and granted citizenship to all Native Americans born in the United States, regardless of their tribal affiliation.

Before the Indian Citizenship Act, Native Americans were not considered citizens of the United States, despite being born within its borders. This lack of citizenship rights meant that Native Americans were unable to vote in federal elections, serve on juries, or access certain benefits and protections afforded to U.S. citizens.

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Officially titled “The Problem of Indian Administration,” the Meriam Report was published based on the investigated work of the Institute for Government Research led by Lewis Meriam. The report detailed the conditions of housing, healthcare, and schooling, highlighting the failure of federal government policies regarding Native Americans.

Regarding education, Meriam’s team found that Indian schools had significantly lower social and instructional standards than most urban and rural schools serving the general population of American students. The team determined that the assimilation policies were not only ineffective, but harmful, and recommended that schools be relocated to operate on tribal lands and within tribal communities and curriculum be based on Native traditions and histories.

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The Indian Reorganization Act, also known as the Wheeler-Howard Act or the Indian New Deal, represented a significant shift in federal Indian policy away from the assimilationist approach of previous decades. The act sought to reverse the destructive effects of the Dawes Act, which had led to the allotment of tribal lands and the fragmentation of indigenous communities.

While the Indian Reorganization Act represented a positive shift in federal Indian policy overall, its impact on Native American boarding schools was indirect. However, by promoting tribal self-determination and cultural revitalization, the act contributed to a broader movement within Native American communities to reclaim their identities, languages, and traditions.

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The Termination Era in U.S. federal Indian policy was characterized by a push to terminate the federal government's trust relationship with Native American tribes and assimilate Native Americans into mainstream American society. The termination policy aimed to end federal recognition of tribal sovereignty, dissolve tribal governments, and assimilate Native Americans into surrounding communities.

The termination policy sought to accelerate assimilation by encouraging Native Americans to leave reservations, relocate to urban areas, and assimilate into mainstream American society. As a result, federal funding for education and other social services on reservations was often reduced or eliminated.

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This two-year Congressional study, officially titled “Indian Education: A National Tragedy - A National Challenge”, detailed the “low quality of virtually every aspect of Indian education in both Bureau of Indian Affairs (BIA) schools and the state of public schools: inadequate facilities, irrelevant curricula and teaching materials; and indifferent or hostile attitudes of teachers and administrators.”

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The Indian Education Act recognized that Native American and Alaska Natives have unique cultural and linguistic academic needs that must be addressed. The act provided funding for student programs and gave parents more power in education decisions. It established the Office of Indian Education and the National Advisory Council on Indian Education at the federal level. It also empowered American Indian and Alaska Native parents to form advisory boards for federally operated boarding schools and for public schools that have programs for American Indian students.

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1975: Indian Self-Determination and Education Assistance Act

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1975: Indian Self-Determination and Education Assistance Act

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The ISDEAA introduced a new era of self-determination and tribal sovereignty by empowering Native American tribes to assume greater control over the administration of federal programs and services, including education. Under the ISDEAA, tribes were given the authority to contract with the Bureau of Indian Education (BIE) to operate schools on their reservations. This allowed tribes to develop and implement their own educational programs, curricula, and cultural initiatives tailored to the needs and priorities of their communities.

Many tribes chose to assume control over existing boarding schools or establish new tribally-controlled schools that reflected their cultural values and languages. Tribally-controlled schools often emphasized indigenous language instruction, cultural revitalization, and community involvement, fostering a greater sense of pride, identity, and academic achievement among Native American students.

Images Source: https://www.potawatomiheritage.com/encyclopedia/indian-self-determination-act/

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The Indian Child Welfare Act seeks to keep American Indian children in American Indian families. An alarmingly high percentage of Indian families in comparison to the general population have been broken up by the removal of their children by non-tribal public and private agencies. Many have been placed in non-Indian foster and adoptive homes and institutions. The law seeks to “protect the best interests of Indian children and to promote the stability and security of Indian tribes and families,” states the National Indian Child Welfare Association.

Image Source: https://upstanderproject.org/firstlight/icwa

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1990: Native American Graves and Repatriation Act

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1990: Native American Graves and Repatriation Act

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The Native American Graves Protection and Repatriation Act (NAGPRA) is a federal law aimed at protecting Native American cultural items, including human remains, funerary objects, sacred objects, and objects of cultural patrimony. While NAGPRA primarily addresses the repatriation of cultural items from museums and federal agencies to tribes, it also has relevance to Native American boarding schools in certain contexts.

Protection of burial grounds at schools

Repatriation of human children remains to their homelands.

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Repatriation and Restitution – 30 Years of Federal Protection on Native American Graves and Sacred Materials in the United States | Indian Pueblo Cultural Center

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This November 16th marks 30 years since the enactment of the Native American Graves Protection and Repatriation Act. As we continue in celebration of Native American Heritage Month, we would like […]

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2021: Federal Indian Boarding School Initiative

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2021: Federal Indian Boarding School Initiative

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Deb Haaland, who is a member of the Laguna Pueblo tribe, became the first Native American woman to serve in the United States Cabinet when she was confirmed as the Secretary of the Interior. One of her initiatives as Secretary of the Interior has been to address the legacy of Native American boarding schools in the United States. Secretary Haaland's initiative seeks to facilitate truth-telling, healing, and reconciliation for the survivors and descendants of Native American boarding schools.