Summary of Joseph Singer | 567 Nations: The History of Federal Indian Law

00:00:00 - 00:50:00

This video discusses the history of federal Indian law in the United States. It explains how the law has changed over time, how it has affected the rights of Native Americans, and how it is likely to change in the future.

• 00:00:00 Joseph Singer, the executive editor of a treatise on American Indian law, is speaking on sovereignty and the history of federal Indian law. Singer will discuss how Indian tribes are treated within the context of American law and how their rights have been infringed upon in the past.
• 00:05:00 This video discusses the history of federal Indian law, including the history of treaties and how federal policy towards Indian nations has changed over time. The video also discusses how tribal sovereignty persists and is recognized by federal law.
• 00:10:00 The video discusses the history of federal Indian law, focusing on the 1763 proclamation by King George III which set borders along the Appalachian Mountains and stated that no one from Britain could enter the territory without a permit. The king appointed Royal Superintendents to manage relations with the Indian nations, but the process was ineffective due to state interference. In the 1780s, the United States began to renegotiate treaties with the Indian nations, treating them as sovereign nations with rights to their land. This policy shift was eventually successful in averting war with the Indian nations.
• 00:15:00 The video discusses the history of federal Indian law, beginning with the Northwest Ordinance of 1787. The Constitution was designed to settle the question of whether the states or the federal government would govern Indian affairs, and the non-intercourse Act of 1790 is one of the first statutes Congress passed to regulate trade with the Indians.
• 00:20:00 The three cases discussed in this video are Worcester versus Georgia, Marshall v. Texas, and Turkey v. Georgia. The first two cases discuss the question of whether a foreign nation, in this case the Cherokee Nation, can sue a state in the Supreme Court. The third case, Worcester versus George, discusses the question of whether a tribe, in this case the Cherokee Nation, is a nation with sovereignty. The Supreme Court has since decided in the last 50 years that the United States has power over Indian nations, but this power is not absolute.
• 00:25:00 The video discusses the history of federal Indian law, focusing on the Removal Era and the Indian Removal Act. It notes that the policy of assimilationism led to the separation of Native Americans and the destruction of their cultures. Courts were created to suppress tribal religion and to punish people for practicing it. The Indian population has dwindled to the population of Boston by the end of the 19th century, due in part to genocide.
• 00:30:00 The video discusses the history of federal Indian law, focusing on cases from the late 1800s to the present. The main points are that the United States has absolute power over Indian nations, tribes have no constitutional rights, and the source of federal power over Indians is the Indian Commerce Clause.
• 00:35:00 The video discusses the history of federal Indian law, focusing on cases involving the Indian Tribes. In 1903, the US Supreme Court ruled in the "Lone Wolf" case, which effectively said that Indian tribes have no customs of protected rights whatsoever, no right to compensation for the lands taken, only with their consent, no protection from any federal statute, and no right to have their lands taken without their consent. In 1924, the "Matthieu Quay" case changed this, allowing Indians to become US citizens, but they are not considered to be equal to white citizens and cannot vote in state elections until the 1960s. In 1934, the "Returned Indian Act" was passed, which attempted to end tribal sovereignty and culture by encouraging Indians to move to the cities and become farmers or workers. However, this policy was reversed in the 1950s, and tribes were allowed to continue to exist and govern themselves.
• 00:40:00 This video discusses the history of Federal Indian law, focusing on the 1955 decision in "Ground versus Board of Education" and the 1975 reauthorization of the Violence Against Women Act. It points out that while the Bill of Rights applies to the federal government, it does not apply to Indian tribes. The Fourteenth Amendment also applies to Indian tribes, but it limits their sovereignty. The video also discusses the Indian Civil Rights Act of 1968, which recognizes Indian tribes as existing entities with their own rights and limitations.
• 00:45:00 The video discusses the Supreme Court's involvement in federal Indian law, including its rulings on tribal jurisdiction and the prosecution of crimes on tribal land. The future of this issue is uncertain, but it is likely to be decided by the presidential election.
• 00:50:00 The video discusses the history of federal Indian law, focusing on the Louisiana Purchase. It explains that the purchase was not an empty one, as there were Indian nations living there. The video also discusses the upcoming conference on "Dangerous Rights."