15. Victories in courts and its impact on Native American Civil Rights

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  • Created by: Alasdair
  • Created on: 07-06-17 10:00
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  • 15. Victories in courts and its impact on Native American Civil Rights
    • Latter part of period did see change in attitude of both federal and State Supreme Courts
      • Reflected gradual change in attitude taking place across US society
    • Number of victories at both state and federal level but progress continued to be slow
    • First major victory
      • State level
      • 1948
      • 2 NAs brought case concerning voting rights before Arizona Supreme Court
      • 2 NAs: Frank Harrison and Harry Austin
        • Belonged to Mohawk-Apache tribe and lived on reservation in Arizona
      • County recorder, Laveen, refused to allow them to register to vote
      • Decision successfully challenged as result of National Congress of American Indians and American Civil Liberties Union
      • Despite victory, other states in West still continued to restrict voting rights of NAs
    • National Congress of American Indians
      • Formed 1944 by group of educated NAs
      • One of a number of pressure groups that would play important role role in extending rights of NAs
      • First task to involve ordinary NAs in struggle to stop end of reservations and integrate NAs into ordinary society so they were no longer funded by the taxpayer
      • First sign of NA peoples joining together and organising protest movement
    • 1960s
      • Period from 1960s witnessed greatest change in attitude of Supreme Court towards NAs
      • Court faced more and more challenges, usually from Red Power Movement
        • Red Power sought to restore 'native sovereignty'
          • Native Sovereignty
            • Power tribes had to live on their lands according to their laws, religion and customs
            • These rights existed until settlers arrived and removed them
      • Cases usually involved claims for restoration of lands or simply fishing rights which had been taken away when dams had been built or hydroelectric power plants had been constructed
    • Progress and decisions made by Nixon during his term in office were upheld by Supreme Court in 1974
    • Native American Rights Fund (NARF)
      • Established 1970
      • Purpose:  to defend rights of NAs
      • Trained legal specialists with interest in NA issues and was responsible for most of cases that went before SC
      • Put pressure on Supreme Courts to protect NAs culture and way of life
      • Number of issues raised:
        • Reinstating tribes that had been terminated
        • Restoring tribal sovereignty
        • Restoring lost tribal lands
        • Restoring hunting and fishing rights
        • Having right to vote
        • Having right to worship freely
        • Performing proper burial of ancestral remains
    • Combination of pressure from NARF and willingness of Supreme Court to uphold these rights that resulted in considerable progress for NAs

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