‘Throughout the period form 1865 to 1992 the Federal Government helped the development of Native American Civil Rights.’ How far do you agree?
Level
A Level
Year Examined
2021
Topic
Civil rights in the USA 1865-1992
👑Complete Model Essay
‘Throughout the period form 1865 to 1992 the Federal Government helped the development of Native American Civil Rights.’ How far do you agree?
Throughout the period from 1865 to 1992 the Federal Government helped the development of Native American Civil Rights. How far do you agree?
The relationship between the United States Federal Government and Native Americans has been complex and often adversarial. For much of the nineteenth century, the government pursued a policy of assimilation, seeking to force Native Americans to abandon their cultures and adopt the ways of white society. This often involved the removal of Native Americans from their ancestral lands, the destruction of their traditional ways of life, and the forced assimilation of their children into boarding schools. However, the latter twentieth century witnessed significant changes in federal policy. This essay will argue that while the Federal Government was responsible for the systematic oppression of Native Americans for much of the nineteenth and early twentieth centuries, it made significant contributions to the advancement of Native American civil rights in the latter half of the twentieth century. This change of approach was driven by a confluence of factors, including the growing influence of Native American activism, a changing national consciousness, and the increasing awareness of the injustices faced by Native American communities.
Supporting the Hypothesis
In supporting the hypothesis that Federal Governments helped Native American civil rights it might be argued that progress was made from the 1930s. The Roosevelt administration's New Deal, while not initially intended to address Native American issues, inadvertently made some contributions to Native American rights. The Indian Reorganization Act of 1934 was a landmark piece of legislation that marked a departure from the assimilationist policies of the past. It allowed Native American tribes to establish their own governments and manage their own affairs, including land and resources. The Act also helped to preserve Native American culture, which had been under attack for decades. The 1930s also saw the establishment of the Bureau of Indian Affairs (BIA), which was supposed to act as a more responsive and supportive government agency for Native Americans. However, the BIA was often criticized for its paternalistic approach and for failing to fully support Native American self-determination.
This trend towards greater Native American autonomy continued in the 1960s with the emergence of the "Red Power" movement and the growing influence of Native American activists. The Civil Rights Movement of the 1960s, which gained momentum in the 1950s, helped to shine a spotlight on the injustices faced by Native Americans, and the federal government responded with some important legislation. The Civil Rights Act of 1964 and the Voting Rights Act of 1965, which outlawed discrimination based on race, ethnicity, and religion, were crucial to Native Americans. The Johnson administration also made some significant efforts to improve the lives of Native Americans. President Johnson's "Forgotten Americans" speech in 1968 highlighted the plight of Native Americans and called for greater federal support for their communities. The Civil Rights Act of 1968, which outlawed discrimination in housing, further benefited Native Americans. The Johnson administration also established the Indian Health Service (IHS), which provided healthcare services to Native Americans.
The Nixon administration continued this trend of supporting Native American rights with the passage of the Indian Education Act of 1972. This act provided federal funding for Native American education, and was designed to empower Native Americans by ensuring that they were given opportunities to learn about their own history and culture. The Nixon administration also significantly expanded the concept of self-determination for Native Americans by passing the Indian Self-Determination and Education Assistance Act in 1975. This legislation gave Native American tribes greater control over their own affairs, including their own education and health care systems. The act allowed Native American tribes to contract with the federal government to manage their own programs, giving them a greater role in shaping their own futures. The Nixon administration also established the National Museum of the American Indian in Washington, D.C., which served as a symbol of the growing recognition of Native American history and culture.
The trend towards greater Native American self-determination continued under the Carter administration. In 1978, President Carter signed the Native American Religious Freedom Act, which protected the traditional religious practices of Native Americans. He also signed the Indian Child Welfare Act, a landmark piece of legislation that addressed the issue of Native American child welfare and recognized the importance of maintaining tribal sovereignty in this area. The act was intended to prevent the removal of Native American children from their families and communities, and it aimed to ensure that their cultural heritage was preserved.
Challenging the Hypothesis
In challenging the hypothesis that the Federal Government did not help the development of Native American Civil Rights, it might be argued that this was often evident in the period up to the 1960s and certainly before the 1930s. The history of the Federal Government’s relationship with Native Americans prior to the 1930s was largely one of broken promises, forced relocation, and the denial of fundamental human rights. The belief in Manifest Destiny, which underpinned the expansion of the United States westward, led to the displacement and dispossession of Native Americans from their ancestral lands. The Homestead Act of 1862, for example, incentivized the settlement of the West, further displacing Native Americans. The result was the systematic destruction of Native American cultures and the forced assimilation of Native American children into boarding schools. The Dawes Act of 1887, which was intended to "civilize" Native Americans and break up tribal lands, was a particularly egregious example of this. The act divided tribal lands into individual allotments, often resulting in the loss of communal resources and the erosion of tribal sovereignty. The act’s intention was to assimilate Native Americans into white society by encouraging them to become individual landholders. Its unintended consequence was the loss of a significant amount of Native American land, approximately 90 million acres, to the federal government or non-Native American settlers. This loss of land and resources had devastating consequences for Native American communities, leaving many impoverished and vulnerable.
The Federal Government’s failure to understand the Native American desire for self-government rather than assimilation, further compounded these challenges. The policy of termination, which was implemented in the 1950s, sought to end federal recognition of Native American tribes and effectively eliminate their rights and protections. The policy of termination was a major setback for Native American rights and further marginalized Native American communities. While the termination policy was largely abandoned by the 1960s, it had a lasting impact, contributing to the ongoing poverty and social problems faced by many Native Americans. The Federal Government, for much of this period, did not honour treaties that were previously signed with Native American tribes. The Federal Government’s policies were directly responsible for the genocide and near-extinction of many Native American tribes.
Conclusion
The relationship between the Federal Government and Native Americans has been characterized by a complex mix of progress and setbacks. While the Federal Government was responsible for the systematic oppression of Native Americans for much of the nineteenth and early twentieth centuries, it made significant contributions to the advancement of Native American civil rights in the latter half of the twentieth century. The growing influence of Native American activism, a changing national consciousness, and increasing awareness of the injustices faced by Native American communities contributed to this shift in federal policy. The period from 1865 to 1992 saw moments of both resistance and progress. While the Federal Government was responsible for the systematic oppression of Native Americans for much of the nineteenth and early twentieth centuries, it also took steps to correct those wrongs in the latter half of the twentieth century. While there is still much work to be done to achieve full equality for Native Americans, significant progress has been made, and the Federal Government has played a key role in that progress.
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Introduction
Throughout the period from 1865 to 1992, the Federal Government played a significant role in shaping the development of Native American Civil Rights. This essay will argue that while there were periods of undeniable progress, particularly from the 1930s onwards, the Federal Government's actions were often marked by inconsistency and, at times, outright hostility towards Native American interests. Ultimately, the path to Civil Rights for Native Americans was a complex and often fraught one, with the role of the Federal Government remaining a subject of debate.
Arguments Supporting Federal Government Help
Progressive Legislation and Policies:
From the 1930s onward, there is evidence to suggest a growing awareness within the Federal Government of the need to address the historical injustices faced by Native Americans.
⭐The New Deal Era (1930s): Roosevelt's administration marked a turning point with the Indian Reorganization Act of 1934, aiming to preserve Native American culture and self-governance after decades of forced assimilation.
⭐The Civil Rights Era (1960s): President Johnson's "Forgotten Americans" speech in 1968 highlighted the plight of Native Americans and led to legislation promoting economic and educational opportunities.
⭐Nixon, Ford, and Carter Administrations (1970s): These presidencies saw a wave of legislation, including the Indian Self-Determination and Education Assistance Act (1975) and the Native American Religious Freedom Act (1978), further advancing tribal sovereignty and cultural preservation.
The Role of the Supreme Court:
The Supreme Court played a critical role in upholding Native American rights, particularly in landmark cases:
⭐Late 19th Century: Early cases established the legal basis for tribal sovereignty and treaty rights, though these were often ignored or undermined.
⭐1960s Onward: Decisions like iOneida v Oneida and Madison Counties/i (1974), iSioux v US/i (1980), and iFisher v Montana/i (1992) reaffirmed tribal sovereignty and land rights, providing legal victories for Native American communities.
Arguments Challenging Federal Government Help
Manifest Destiny and Assimilationist Policies:
For much of the period under consideration, the Federal Government's approach was characterized by policies aimed at assimilation and territorial expansion, often at the expense of Native American rights and well-being.
⭐Manifest Destiny: This ideology fueled westward expansion, often justifying the displacement and dispossession of Native American tribes from their ancestral lands, as exemplified by the Homestead Act.
⭐Allotment Policy: The Dawes Act of 1887 sought to break up tribal landholdings and assimilate Native Americans into mainstream society, ultimately undermining their traditional way of life.
⭐Termination Policy (1950s): This policy attempted to terminate the special trust relationship between the Federal Government and tribes, further threatening their sovereignty and self-governance.
Economic Hardship and Neglect:
The Federal Government's inconsistent financial support and disregard for treaty obligations often exacerbated the economic struggles faced by Native American communities.
⭐Funding Cuts: Periods of economic downturn, such as the Civil War, the 1890s, the Second World War, and the Reagan era, often resulted in reduced government funding for Native American programs and services.
⭐Failure to Understand Self-Governance: The Federal Government often imposed its vision for Native American development, failing to fully grasp or respect their desire for self-determination and cultural autonomy.
Conclusion
The relationship between the Federal Government and Native American Civil Rights from 1865 to 1992 is one marked by both progress and persistent challenges. While significant strides were made, particularly from the mid-20th century, through legislation, court decisions, and a growing awareness of Native American rights, the legacy of historical injustices and assimilationist policies continued to cast a long shadow. Despite the undeniable progress, the Federal Government's role remains complex and contested, underscoring the ongoing struggle for full recognition and realization of Native American Civil Rights.
Extracts from Mark Schemes
Supporting the Hypothesis
In supporting the hypothesis that Federal Governments helped Native American civil rights it might be argued that progress was made from the 1930s. Answers might consider that Roosevelt’s New Deal helped to preserve Native American culture with the Reorganisation Act. Answers might consider Johnson’s Forgotten Americans speech. Answers might consider Nixon’s legislation, such as education and the granting of self determination. Answers might consider Ford’s range of legislation, including the Self Determination Act and Education Assistance Act. Answers might consider that Carter passed the Native American Religious Freedom Act and Child Welfare Act. Answers might consider the role of the Supreme Court at the end of the nineteenth century when it supported Native American Civil rights. Answers might consider the influence of the Supreme Court since the 1960s with cases such as Oneida v Oneida and Madison Counties, Sioux v US, Fisher v Montana. Answers might consider the Federal Government to have been more supportive of Native American civil rights at the end of the period.
Challenging the Hypothesis
In challenging the hypothesis that the Federal Government did not help the development of Native American Civil Rights, it might be argued that this was often evident in the period up to the 1960s and certainly before the 1930s. Answers might consider the belief in Manifest Destiny which underpinned policies such as the Homestead Act. Answers might consider the allotment policy which ignored the Native American tribal way of life. Answers might consider the reduction in revenue to Native Americans when there were economic problems in the Civil War, 1890s, Second World War and under Reagan. Answers might consider that the Federal Government failed to understand the Native American desire for self-government rather than assimilation. Answers might consider the policy of termination.