Year: 1979
Type: article
Abstract: Indians' living on reservations 2 within our country no longer enjoy the independence and right of self-government that once characterized their relationship with the federal government.3 The courts 4 and Congress, since the enactment of the Indian Civil Rights Act (ICRA), 5 have imposed on tribal governments the same or similar constitutional stan-I.The term "Indian" includes: [A]II persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on I June 1934, residing within the present boundaries of any Indian reservation, and shall further include all other persons of one-half or more Indian blood .... 25 U.S.C. § 479 (1976).2.An "Indian reservation" consists of lands validly set apart for the use of Indians under the supervision of the government.The United States retains title to the land.Healing v.Jones, 210 F. Supp.125 (D.Ariz.1962), ajfd, 373 U.S. 758 (1963) (per curiam).Hunting & Fishing, Wind River Reservation, 58 INTERIOR DEC.331, 343 (1943) ("An Indian reservation is simply a part of the public domain set apart by proper authority for use and occupation by a group of Indians ....The United States holds the title .... ") (citation omitted).3. See
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7001198663