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The Marshall Trilogy Case Summary

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3. The US Constitution says very little about the relationship between the national and state government and American Indian nations. However, Chief Justice John Marshall’s Supreme Court decided cases that helped define that relationship and formed the basic framework of federal Indian law in the US. Do you agree or disagree with the opinions in the “Marshall Trilogy”?
According to David. Wilkins, “tribal citizens who live within reservations enjoy tribal, state, and federal citizenship.” ** What are the advantages and disadvantages of tribal citizenship?
If tribal law conflicts with United States constitutional law, which law should prevail? Why?

http://www.bia.gov/FAQs/
Prepared Statement We disagree with the opinions in the Marshall Trilogy …show more content…
Georgia. The case heard an argument from Cherokee Chief John Ross who tried to protect Cherokee lands, fight off removal, and keep the laws of Georgia from being imposed on them by asking for an injunction in the United States Supreme Court. The Cherokees argued that they were a foreign nation and the laws of Georgia did not apply to them. This case brought up the idea of tribal sovereignty which was not a totally independent circumstance. Tribal sovereignty with the attachment of the phrase “authority to govern” meant that there were limitations within the confines of the United States. The federal government argued that they had the responsibility also known as the ‘doctrine of federal trust responsibility’ to protect the tribes in return for certain favors. The so called deal ended up that in return for land from the tribes, the federal government would protect the tribes by providing such necessities as food and housing. The government didn’t hold up its end of the deal very well. Native American citizenship, for example, wasn’t granted until 1924, with the passage of the Indian Citizenship Act. Even suffrage wasn’t guaranteed until 1965. With it being a basic right, we believe the federal government should have granted Native Americans the right to vote much …show more content…
Some current advantages of being part of a tribe and having tribal citizenship are that the government provides a lot of assistance. Native Americans have access to free health care at tribe-run clinics and hospitals. Prescriptions, eyeglasses, and hospital visits are all covered under this system. It works, however, there were times at which the quality of care wasn't super high such as the 1970s when the Indian Health Service was accused of sterilizing women without their consent. One of the better known advantages is that Native Americans can qualify for a plethora of scholarship money. It's not necessarily a free ride, although depending on the field of study it can be. Casinos are a lucrative advantage for many tribes. The Cherokee nation has more than 7,000 employees and members of the Cherokee tribes get precedence over the general public similarly to that of Canada.

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