Saturday, January 12, 2013

What are the ramifications of the Lone Wolf v Hitchcock Supreme Court Decision?

The largest implication of the case was the establishment
of Congressional "plenary power."  This concept gave Congress "full" power in being able
to abrogate and abandon the treaties negotiated with Native American tribes.  The court
essentially gave the "green light" to Congress in being able to annex Native American
lands and territories.  While the treaties negotiated with Native Americans helped to
provide some level of comfort and security that would stop expansion upon their
territories.  In the Lone Wolf case, the Court rendered a decision
that would allow Westward Expansion to become synonymous with overtaking Native American
territories.  The Court also argued that the concept of "Native American" lands was an
illusory one in that the territories were "wards of the nation," helping to bring out
the idea that expansion was inevitably going to "help" Native Americans, as opposed to
protecting any sense of their autonomy.

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