Federal Indian Policy
in the
United States
Exploring the relationship between Tribal
Nations and the U.S. Federal Government
1774-1789: The Confederation Period
April 1775 - “shot heard around the world”
July 1776 - Declaration of Independence
● “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among
these are Life, Liberty and the pursuit of Happiness.”
● “He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers,
the merciless Indian savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes, and
conditions.”
November 1777 - Continental Congress adopted Articles of Confederation
March 1781 - Articles ratified by 13 states
● Problem: The Articles of Confederation did not give Congress the power to manage and deal with the Native
Nations that were already here.
Creates the Question: Who has power over who? Do the Tribes control themselves and their actions or does the
newly formed Federal Government?
1774-1789: The Confederation Period
May 1787 - U.S. Constitution signed
● Designated who had power over “Indian Affairs”
● The Commerce Clause refers to Article 1, Section 8, Clause 3 of the U.S.
Constitution, which gives Congress the power “to regulate commerce with
foreign nations, and among the several states, and with the Indian tribes”
Question: What about this language is so important?
June 1788 - U.S. Constitution Ratified
Comprehend & Reflect
1. In the beginning of the Declaration of Independence it states, “that all men are created equal, that
they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty
and the pursuit of Happiness.” Did this apply to the Native Americans that were already living on the
land? Explain your answer.
2. What did the Articles of Confederation not give Congress the power to do?
A. request money from the states
B. regulate armed forces
C. manage and deal with Native Nations
D. declare war
3. What document designated who had power over “Indian Affairs”?
A. The Declaration of Independence
B. The Articles of Confederation
C. The Trade & Intercourse Act
D. The United States Constitution
1789-1825: Trade & Intercourse Era
Congress established the Department of War with responsibilities over Indian Affairs
Q: What does this immediately do to and show about the relationship between the new federal government
and the Native American tribes? How does the government view the Tribes?
1790 - Congress enacts the Trade & Intercourse Act
● Congress recognized that they must purchase the property from Native Americans to reduce
conflicts and continue U.S. Expansion as orderly and fairly as possible
U.S. Policies created to:
● Define “Indian” Territory
● Protect “Indian Country”
● Regulate traders’ dealings with Tribal Nations by controlling the pioneers and settlers who
were trying to take Native lands
1789-1825: Trade & Intercourse Era
- Purchasing Lands -
As a result of the Trade & Intercourse Act:
● Indigenous Nations would be treated as foreign nations and lands would be
purchased through treaties, although at a low cost
* treaty: a legally binding agreement between sovereign nations
● 390 treaties would be negotiated between the United States and Native
Nations before 1871
Sounds great, right?
Q: What could possibly go wrong?
Comprehend & Reflect
1. The 1790 Trade & Intercourse Act demonstrated that Congress recognized that they must
_______________________ the land from Native Americans to reduce conflicts and continue U.S.
expansion as orderly and fairly as possible.
2. Explain why the United States Federal Government was legally able to create treaties with
Native Nations.
1825-1850: Removal Era
Mid-1820’s - The U.S. Government began openly discussing the forceful move of
all Tribal Nations west in order to give the U.S. more room to grow
1830 - The Removal Act was passed under Andrew Jackson’s presidency
● The government began to relocate Tribal Nations to “Indian Territory”
● Ultimate Goal: Move all Native Nations past the Mississippi River and into
Oklahoma, resulted in the Cherokee Trail of Tears
● Promised to have this land forever and that the Federal Government would
protect that promise
Comprehend & Reflect
1. What was the ultimate goal of the 1830 Removal Act?
A. move all Native Nations past the Mississippi River and into Oklahoma
B. move all Native Nations past the Snake River and into Idaho
C. remove the treaty rights that had been previously established
2. Who was the United States President at the time the Removal Act was passed?
1850-1887: Reservation Era
The Gold Rush & the Oregon Trail
● Leads to a flood of United States citizens across the county
● Creates conflict within the “frontier” among pioneers/settlers and Native tribes
● Pioneers/Settlers began to stake claim to land and claim ownership, which is an extremely uncommon
concept to Native Peoples
Q: How could this clash of cultures create issues?
Nearly 300 Reservations formed
● Often advertised as a “safe space” for Native Peoples
● They were poorly managed and promised services were not being provided
● President Grant moved Indian Affairs from the Department of the Interior to the Military
Treaty making ended in 1871 due to a power struggle between the Senate and the House over control of
Indian Affairs
● Management of the Reservations moves into control of religious denominations
Comprehend & Reflect
1. What two historic events led to the increase in settlers moving west?
A. the Civil War and the Dred Scott Decision
B. the Gold Rush and the Oregon Trail
C. the Fugative Slave Act and the Great Chicago Fire
D. the defeat of Lieutenant Colonel Custer and the division of the U.S. into time zones
2. How were Reservations advertised to Native Peoples? Were they everything that had been
promised?
3. Who controlled the Indian Reservations after the end of treaty making in 1871?
1887-1934: Allotment & Assimilation Era
1887 - Dawes General Allotment Act was passed
● The United States Government could not uphold the promises
that have been made (healthcare, housing, education, etc.”)
● Goal #1: Assimilate into American Society and “civilize
Indians”
● Goal #2: Break up the Tribal Nations’ ownership of land
○ Opening the land to the sold to settlers
○ Eliminates the need to uphold the promises within treaties
“Kill the Indian, and Save the Man”
-Capt. Richard H. Pratt on the Education of Native
Americans
Q: How would this affect the identity of Native Peoples?
Comprehend & Reflect
1. What were the two goals of the Dawes General Allotment Act?
2. Look at the quote below. How does this quote make you feel?
“Kill the Indian, and Save the Man”
-Capt. Richard H. Pratt on the Education of Native Americans
1934-1940s: Indian Reorganization Era
Roosevelt’s New Deal: The Indian
Reorganization Act (IRA) was passed
● Congress and the Executive Branch
support Tribal Governments and
Sovereignty
● The IRA forced Tribal governments
to organize themselves under
constitutions (you need to look like
“us” if we are going to work with
you)
Q: How could this affect the cultural
structures and practices that had been in
place for thousands of years?
John Collier in a 1934 meeting with South Dakota Blackfoot Indian chiefs to
discuss the Indian Reorganization Act (IRA)
Comprehend & Reflect
1. The Indian Reorganization Act forced Tribal governments to organize
themselves under __________________________________________
2. What was the purpose of this forced organization?
1940-1961: Termination Era
The United States Government terminates the legal relationship with 109 Tribal
Nations
Results
● loss of Federal benefits
● loss of 1.3 million acres of Tribal land
● relocation of many Tribal Nations’ people from reservations to cities
Comprehend & Reflect
1. What were the results of the termination of legal status for the Native
Nations? (circle all that apply)
A. loss of federal benefits
B. loss of 1.3 million acres of Tribal land
C. loss of trust in the United States government
D. loss of identity and culture
E. relocation of many Tribal Nations’ people from reservations to cities
1961-PRESENT: Self-Determination Era
Kennedy Administration: Refused to undertake
new actions to terminate more Tribal Nations
1970s & 1980s: Tribal Nations are restored
Indian Self-Determination and Education
Assistance Act of 1975
● Instituted fundamental changes
● Tribes are allowed to run their own
government
● Contract their own services
● Govern their own people
Kathryn, Karen, and Frank Harrison, seated in the front row,
testify for Congressional restoration of the Grand Ronde
tribe.
Comprehend & Reflect
1. What presidential administration refused to undertake any new actions to
terminate more Tribal Nations?
A. Jefferson
B. Kennedy
C. Grant
D. Bush
E. Jackson
2. In what year was the Confederated Tribes of Grand Ronde restored?
After everything you have learned,
how would you summarize the
relationship between the United
States Federal Government and
Tribal Nations in one word or
sentence?
