Native American rights?

Question

What is the citizen status of American Indians? They are not controlled by the individual states or local governments, they can vote, but it seems they have a special status through federal treaties. If this is so, how could they get punished for any non federal crime. My high school son is having a debate in class...it concerns a ficticious Indian who is expelled from a state college for smoking pot. I understand that they can use peyote off reservation (federal supreme cout ruling)...My position is that the college would be discriminating against the religion of a federally recognized group...any thoughts?

Answer 1

Native indian reservations are, by treaty, soverign nations and have the same status as, say, Germany or France with regard to relationship to the Federal government.

Through an act of Congress in 1921, Native Indians were granted U.S. citizenship - which means they have dual citizenship; that of their own nation and that of the U.S. At the time they were granted citizenship, the right to vote came with that grant.

Interestingly, Native Indians were not granted religious freedom until another act of Congress in 1976.

While it is true that some Native tribal rituals include the use of peyote and other hallucinogens as part of their religion, it is generally recognized that when you are living off the reservation, local laws apply.

If a Native person is caught, like the fictitious Indian, smoking or using a substance that is illegal in the local laws, he is subject to U.S. laws. His right to use these substances is restricted to religious rituals only on reservation lands.

Answer 2

Actually, the Supreme Court ruled that use of peyote in religious ceremonies could be criminalized. In response, Congress and many state legislatures passed laws allowing Native Americans to use peyote in bona fide religious ceremonies. It does not appear that any such laws exist regarding marijuana use.

In general, state criminal laws do not apply to tribal members on reservations (unless the state is a Public Law 280 state -- in which case there is some state jurisdiction over tribal Indians on tribal land). Tribal and federal law do apply. Off reservation, in general, state laws do apply (note the number of Native Americans in state prisons for breaking state laws). It sounds as if your hypothetical student was perhaps on campus (and hence, not on the reservation). Again, state college rules would apply to your ficticious student in this case.

As a rule, Federal Indian law is complex and there are limited times in which state laws or regulations do not apply to tribal members -- even when off reservation. This generally has to do with rights established in treaties. Additionally, there are some state regulations that apply on reservation (the P.L. 280 states, for example, and keep in mind there are tribes that have no reservation land at all). Its all clear as mud.

Answer 3

Karl Rove has made sure that our votes rarely count. It's all there if he's really interested. Look up under investigative journalist Greg Palast.

Answer 4

anyone born here is a "Native American"...but American Indains rights and priviledges are protected by treaty,not Supreme Court Decisions...

Answer 5

um im native american and i got the same amount as rights as anyone i know...im treated like everyone else, no better than another

Answer 6

...worse than Iraqi rights. Fascists hate natives of any kind.