Court's Treatment of Native Americans

The United States Supreme Court has not always resolved legal issues of concern to Native Americans in a manner that has pleased the Indian nations. Many of the Court’s decisions have been products of political compromise that looked more to the temper of the times than to enduring principles of law. But and judicial decisions must be assessed with this fact in mind.

Despite the “accommodating” nature of the judicial system, it is worth noting that the power of the Supreme Court has been exercised in a manner that has usually been beneficial to Native Americans, at least on minor issues, and has not been wholly detrimental on the larger, more important issues. Certainly there illustrated by reference to two important contributions that have resulted from the exercise of judicial power.

First, the Court has created rules of judicial construction that, in general, favor the rights of Native American litigants. The Court’s attitude has been conditioned by recognition of the distinct disadvantages Native Americans faced when dealing with settlers in the past. Treaties were inevitably written in English for the benefit of their reserve to Native Americans all rights that have not been specifically granted away in other treaties.

A second achievement of the judicial system is the protection that has been provided against encroachment by the states into tribal affairs. Federal judges are not inclined to view favorably efforts to extend states’ powers and jurisdictions because of the direct threat that such expansion poses to the exercise of federal powers. under its charge—all those powers and rights they can be said to have possessed historically.