HIS 410 Lesson 5
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Purdue Global University *
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Law
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Feb 20, 2024
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Lesson 5
When it comes to Newton’s analysis of “federal power over Indians,” offer your most positive assessment of the federal authority and your most negative assessment.
Then post replies to AT LEAST two of your classmates. In this, as in all discussions for this course, return to your original conversation thread and any others where you have made a contribution. Your classmates may have posed follow-up questions or made comments that are worth your consideration. Think of these discussion assignments as conversations.
Answer:
On the positive side, one can appreciate the federal government's role in establishing a framework for recognizing and protecting Native American sovereignty. The establishment of tribal sovereignty acknowledges the unique status of Native nations and their right to self-governance. This recognition, as discussed by Newton (1984), has evolved over time through legal precedents and legislation, marking a positive step towards acknowledging the distinct political and cultural identities of Native American
tribes. The federal government's efforts to negotiate treaties and engage in a
government-to-government relationship with tribes are positive elements in this analysis.
On the negative side, Newton (1984) also sheds light on historical and contemporary challenges that highlight the limitations and drawbacks of federal authority over Indians. The history of broken treaties, forced relocations, and assimilation policies underscores a darker aspect of federal power. Instances where the government failed to uphold its commitments to tribes, leading to significant negative consequences for Native communities, reveal the complexities of the federal-tribal relationship. Additionally, the imposition of federal policies that aimed at assimilating Native Americans into mainstream culture often undermined tribal autonomy and cultural preservation.
Newton's (1984) analysis reflects on the dual nature of federal power over Indians, encompassing both positive efforts towards recognition and protection of sovereignty and negative historical actions that have perpetuated injustice.
References
Newton, N. J. (1984). Federal power over indians: Its sources, scope, and limitations. University of Pennsylvania Law Review, 132(2), 195-226. https://doi.org/10.2307/3311816
Wilkins, D. E., Lomawaima, T. K. (2001). Uneven ground: American Indian sovereignty and federal law. University of Oklahoma Press.
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