The Supreme Court only really became involved in Native American rights at the beginning of the 20th Century with the Lone Wolf v. Hitchcock case in 1903.
- During this period the Supreme Court had been involved in numerous cases involving various concerns- the relationship between tribes, between government and tribes and tribal sovereignty (including issues such as fishing, hunting, religion.)
However, towards the end of the period the Supreme Court was much more active in upholding the policies of the federal government, which supported NAs and played a crucial role in the return of many of their former lands.
The period from the 1960s witnessed the greatest change in attitude of the Supreme Court to NAs.
- The court was faced with more and more challenges from NA activists, usually through the Red Power movement as they sought to restore their ‘native sovereignty.’
- The cases usually involved claims for the restoration of their lands or fishing rights which had been taken away when dams were built, or hydroelectric plants constructed on their fishing spots.
NARF- Native American Rights Fund
Established in 1970, the organisation put pressure on the Supreme Court to protect Native American culture and NA rights.
NARF was instrumental in the action in court by training legal specialists with an interest in NA issues to represent cases in court.
Issues raised by NARF before the Supreme Court included:
- Reinstating tribes that had been terminated.
- Restoring tribal sovereignty.
- Restoring lost tribal lands.
- Restoring hunting and fishing rights.
- Having the right to vote.
- Having the right to worship freely.
- Performing tribal burials.
The combination of pressure from NARF and willingness of the Supreme Court to uphold these rights meant that the period from the 1960s-90s was the one of greatest eras of progress for NAs.
Supreme Court decisions 1974-1986
- The results of these 5 Supreme Court cases established important principles over land claims, the power of tribal courts and respect for Native American culture.
- These decisions began the process of recovery of NA lands, gave the tribes the right of self-determination, and showed a much greater respect for their traditions and culture than ever before.
