Federal Indian Law Fall 2016 Review Questions Set One

  1. What are some of the colonial justifications for early treatment of Native Americans?
  2. Which early writers were influential for Spanish and British conduct in North America? What did those writers say?
  3. What is the doctrine of discovery? What case is this from?
  4. What is the right of occupancy and how does it interact with the doctrine of discovery?
  5. Name the eras of Indian law, which a 2-3 sentence description of the era.
  6. What was the Indian Removal Act? What did it say and what did it do?
  7. What is the holding of the Cherokee Nation v. Georgia? What are the implications of the holding?
  8. What does it mean for tribes to be a domestic dependent nations?
  9. What is the holding of Worcester v. Georgia? What were the practical implications of this act on the tribes (i.e., what happened to the Cherokee as a result of this case?)
  10. What was the goal of the reservation policy?
  11. When, how, and why did treaty making end?
  12. What is the Major Crimes Act? Which case led to the passage of this act?
  13. What is the basis for the validity of the Major Crimes Act? (i.e., what part of the Constitution?)
  14. What did the Dawes Act say and do? What was the purpose/motivation for this act? What was the result of this act?
  15. What do we learn from the Lone Wolf case?
  16. What did the Indian reorganization act do?
  17. How does tribal termination work? How does congress accomplish it and what are the legal implications?
  18. What is plenary power? What does it mean to say that Congress has plenary power over tribes and what is the source of that power?
  19. What are the canons of Indian law (most people list 4)?
  20. How do we determine whether a statute abrogates treaty rights?

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