tailieunhanh - Gale Encyclopedia Of American Law 3Rd Edition Volume 7 P24

Gale Encyclopedia of American Law Volume 7 P24 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 218 NATIVE AMERICAN RIGHTS the adult males from the Kiowa and Comanche tribes. In justifying this abrogation Justice edward d. white declared that when treaties were entered into between the United States and a tribe of Indians it was never doubted that the power to abrogate existed in Congress and that in a contingency such power might be availed of from considerations of governmental policy. Another source for the federal government s power over Native American affairs is what is called the trust relationship between the government and Native American tribes. This trust relationship or trust responsibility refers to the federal government s consistent promise in the treaties that it signed to protect the safety and well-being of the tribal members in return for their willingness to give up their lands. This notion of a trust relationship between Native Americans and the federal government was developed by . Supreme Court Justice John Marshall in the opinions that he wrote for the three cases on tribal sovereignty described above which became known as the Marshall Trilogy. In the second of these cases Cherokee Nation v. Georgia Marshall specifically described the tribes as domestic dependant nations whose relation to the United States was like that of a ward to his guardian. Similarly in Worcester v. Georgia Marshall declared that the federal government had entered into a special relationship with the Cherokees through the treaties they had signed a relationship involving certain moral obligations. The Cherokees he wrote acknowledge themselves to be under the protection of the United States and of no other power. Protection does not imply the destruction of the protected. The federal government has often used this trust relationship to justify its actions on behalf of Native American tribes such as its defense of Indian fishing and hunting rights and the establishment of the Bureau of Indian Affairs. Perhaps more often however the federal government has used .

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