Red Power: The Civil Rights Movement and the American Indian

Part I: Introduction and Historical Analysis
Day One

I. Introduction.

A. Journal writing. When students enter the room on the first day of this lesson plan, have the following journal topic written on the board.

When you think about American Indians in today's society, what are they like? How do they look? How do they act? Where do they live? Do they have special rights that non-Indians do not have? If so, what are they?

1. Give students five minutes to write their answers. While they are writing, put a two column table on the board with the word "know" in the first and "want to learn" in the second. Then, open the classroom up for discussion:

a. Do you think of American Indians as contemporary people, or as people living in history? Why?
b. What do we know about American Indians in our society? (Write these answers in the "know" column on the board.)
c. What would you like to learn about American Indians in our society? (Write these answers in the "want to learn" column.)

2. Note to the teacher: We can assume some of the things the students will want to learn, which are summarized below in a question/answer format. However, if there are things they want to learn about that you cannot answer, you may wish to contact the Web author, Dr. Gayle Olson-Raymer at go1@axe.humboldt.edu. One last very important note: it is essential that you write down all the information placed in these first two columns on a piece of paper. You will want to transfer these to an overhead sometime during the next 2-4 days - an overhead with three columns. The third, new column should read "Things We Learned." On the fourth day of the lesson plan, you will have a class discussion and the students will provide answers for the third column.
B. Introducing the topic. Today we will begin an eleven- to twelve-day unit on American Indians.

1. Today and tomorrow, we will begin answering your questions about American Indians.

2. After we have gained some understanding of who they are in contemporary America, then we will take two more days to examine the primary federal policies that shaped the way in which the US government has historically and contemporarily dealt with American Indian Peoples.

3. During the last six to eight days we will take two directions by:

a. exploring mid-twentieth century American Indian grievances and the activism that erupted during the Civil Rights Movement and became known as Red Power; and
b. examining the consequences of the Red Power Movement, as well as the various contemporary avenues of American Indian activism.
C. Our primary questions for the next two days - which are based upon our earlier discussion - are:

1. Who is an Indian?
2. Why does the federal government provide benefits and services to federally-recognized tribes?
3. What specific benefits and services are available to federally-recognized tribes?
4. How many Indians live in the United States today?
5. Why do American Indian tribes have reservations?
6. What powers do Indian nations have on reservations?
7. Why can Indians operate gambling facilities on their lands?

II. Who is an Indian?

A. There is no single definition of an Indian.

1. Before Europeans arrived in North America, all the inhabitants were Indians who belonged to several thousand different tribes. Tribal citizenship was determined by kinship ties. What are kinship ties? (Cultural identification with one'smaternal or paternal relatives and in-laws.)

2. Today, however, most tribes follow former federal mandates and require a certain amount of tribal blood, often called blood quantum, for membership. The amount varies from tribe to tribe.

a. The Eastern Cherokee simply require their citizens to have 1/16 Cherokee blood.

b. The Hoopa Nation of Northern California has two possible routes to membership:

1) Those whose names appear on the official roll of the Hoopa Valley Tribe as of October 1, 1949, are members; and
2) All children born to members of the Hoopa Tribe who are at least 1/4 Hoopa are members.

B. Tribes are the only entities that determine who is and who is not a tribal citizen or member. However, various federal government agencies characterize tribal citizens and Indians in several other ways. For instance:

1. The US Census Bureau states that an Indian is anyone who declares himself or herself to be an Indian, but requires a declaration of tribal affiliation.

2. The Bureau of Indian Affairs (BIA), which distributes funds and services to Indians, generally characterizes an Indian as an individual who is a member of an Indian tribe, band, or community that is officially recognized by the federal or state government.

C. In general, then, are are three types of Indians:

1. those who belong to federally-recognized tribes or nations (terms that can be used synonymously);

2. those who belong to state-recognized tribes or nations; and

3. those who belong to non-governmentally-recognized tribes or nations.

D. What, then, is a federally-recognized tribe? Any tribe that has a formal relationship with the United States government is federally-recognized. Tribes that are federally-recognized are eligible for certain benefits and services from the US government.

1. There are about 560 federally-recognized tribes in the US today in the lower 48 states and in Alaska.

2. Approximately 300 tribes are not recognized by the federal government either because:

a. they never signed a treaty with the US government;
b. they once were recognized but that status was terminated by Congress in the 1950s; and/or
c. they desire such recognition or status, but have been unable to receive such a designation.

III. Why does the US government provide various benefits and services to Indian tribes?

A. Those tribes that are federally-recognized receive benefits and services from the US government and subsequently, from taxpayers - many of whom include American Indians.

B. The policy and legal basis for most of this assistance is the trust relationship.

1. From the late 18th Century forward, Indian tribes signed treaties making peace and ceding lands.

a. Federal courts have interpreted these treaties and other such agreements as creating a perpetual trust relationship with the federal government in accordance with the understandings of the Indians of the time.

b. The federal government promised to provide benefits and rights to the American Indian peoples in perpetuity, in exchange for their land and other resources.

c. Additionally, the trust relationship involved a promise that Indian peoples could continue to hunt, fish, and gather on the land that traditionally had been theirs, even though they had officially ceded it to the US government.

2. Discussion: Why is it important for all Americans - Indian and non-Indian alike - to know about the trust relationship?

a. Because there is often a stereotypical belief among non-Indians that they are the only taxpayers and are giving Indians "a free ride," Indian are "super citizens" who receive special privileges, and that Indians receive all sorts of "free" money and benefits.

b. In reality, the benefits Indian people receive are those that have been legally negotiated through treaties - through the trust relationship - and represent an exchange - millions of acres of ancestral lands worth trillions of dollars which, in turn, enriched the federal government and millions of non-Indians, in exchange for certain benefits and services.

c. Federal courts have held that the constitutional rights of non-Indians are not interferred with or displaced by federal Indian trust rights - they are simply different.

IV. What specific benefits and services are available to federally-recognized tribes?

A. Major benefits and services include, but are not limited to, medical and dental care; grants and programs for education; housing programs; aid for developing tribal governments and courts; resource management; and various miscellaneous services.

B. The main federal agencies responsible for providing such benefits and services to Indians are the Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS).

1. The BIA, which was originally known as the Indian Office when it was established in 1824, administers programs that benefit the Indian people who are citizens of federally-recognized Indian tribes.

2. The IHS administers medical programs that benefit tribal citizens who reside on or near reservations.

C. Despite popular misconceptions, Indians do not receive regular or large payments. There are a few situations in which Indians do receive money, usually as compensation for resources taken by the federal or state governments.

1. For instance, in Humboldt County, as a result of a court settlement between the Yurok Tribe and the federal government, contemporary children of the Yurok Tribe stand to receive a sum of federal money upon turning 18 and becoming a legal adult.

a. The Yurok successfully argued that the federal government had unfairly divided the ancestral lands of the Yurok and Hoopa tribes.

b. The judgment required that the Yurok Tribe be compensated. This money was divided up among tribal members who were living at the time of the judgment. For those who were minors at the time, the money was held in trust until they became adults. Once they turned 18, eligible tribal members received their portion of the judgment monies.

c. These payments only apply to one generation and will end early in the 21st Century.

2. Other cases where it appears that Indians receive a "handout" occur when tribal members receive payments from profits made from tribal business. The Hupa people provide an excellent example.

a. The Hupa have marketable resources on their reservation - most notably timber. They harvest such resources for profit and, after all the harvesting and government expenses are paid, there may be a surplus.

b. If a surplus exists, the tribe divides the money equally among its members. Adults receive a check if there is a profit during the year - while amounts owed to minors are held in trust. Upon turning 18, the tribal members receive 18 years of payments, plus interest.

3. Discussion: What other "special benefits" do you think Indians receive that are not available to the non-Indian public?

a. What about hunting, fishing, and gathering rights? What do we know about these rights? They were part of the treaty agreements between the federal government and various Indian tribes. Tribes retained the rights to hunt, fish, and gather on their ancestral lands whenever they wanted, for however long they wanted.

b. So, is this a special benefit, or just another part of the trust relationship?

V. Concluding Remarks and assignments.

A. Tomorrow, we will continue our discussion and summarize our findings. (Be sure not to erase the board and keep both columns up for tomorrow's discussion.)

B. For tonight, there are a few extra credit assignments. Volunteers may try to find some basic answers to the issues which were not answered today in the "want to learn" column, and which will not be answered by the remaining three questions in tomorrow1s discussion: How many Indians live in the United States today? Why do American Indian tribes have reservations? What powers do Indian nations have on their reservations?

1. Write down the names of volunteers next to each issue in the column.

2. Tell them that a paragraph on the topic will suffice and ask them to share it at the beginning of tomorrow's class.

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Day Two I. Introduction

A. Journal writing. When students enter the room, have the following journal topic written on the board.

In your opinion, do you think the federal government should continue to honor the trust relationship it has created with the federally-recognized Indian tribes? Why or why not?

1. Give students five minutes to write their answers. Then, open the classroom up for discussion: Could any advocates for ending this relationship explain their reasons? What about those who favor retaining the relationship? What do you think about the fact that these are legally-binding relationships and that there are stiff penaltieis and exhorbitant costs for the dereliction of trust duties?

2. Those who volunteered to do some research on our other topics in the "want to learn" column, could you let us know what you found. Discussion should follow based upon the answers.

B. Now, let's finish discussing the last three questions we identified yesterday: How many Indians live in the United States today? Why do American Indian tribes have reservations? What powers do Indian nations have on the reservation?

II. How many Indians live in the United States today?

A. Discussion: Do you remember how the Census characterizes Indians? Anyone who claims to be an Indian is an Indian for the Census purposes.

B. In 1990 and again in 2000, there were some 2 million individuals who identified themselves as American Indians, Alaska Natives, or Native Hawaiians.

1. They represented about 0.8 percent of the total US population.

2. Only around 1 million of self-identified Indians stated that they belonged to federally-recognized tribes.

C. The states with the largest Indian populations in proportion to the state populations were: Alaska (15.6%); New Mexico (8.9%); Oklahoma (8%); Montana (6%); Arizona (5.6%). California1s Indian population represents 0.8% of its entire population.

D. And where do they live? In 1990, the Census Bureau reported that about 22.3 percent (437,431) of the total number of Indians lived on reservations, while the remainder lived in urban or suburban settings.

1. Currently, there are about 560 federally-recognized Indian reservations located in 33 states.

2. California, which has 95 federal reservations, is the state with the highest number of such reservations. About half of these are small rancherias that range in size from less than one to several hundred acres.

3. The largest reservation in the US is the Navajo Nation whose 14-15 million acres of lands border Arizona, Colorado, Utah, and New Mexico. A dozen or so reservations have 1 million and more acres. One of the smallest is in Blue Lake, California, where the tribe has less than an acre of land.

III. Why do American Indian tribes have reservations?

A. In 1830, President Andrew Jackson crafted a federal policy that was designed to remove Indians from their ancestral lands so that non-Indians could have farms. The Removal Act of 1930 authorized the president to make "land exchanges" - forcibly moving dozens of Indians tribes from their ancestral lands in what became known as Indian Terroritory.

B. Let's try to get a better understanding of this so-called exchange.

Imagine that the government tells you that you have lost your land and home - land that has belonged to your family for unknown generations. But, the government tells you, you have nothing to fear because you will get a new piece of land 800 miles away. You will have no choice as to where your new land will be. Instead, you will be granted a piece of land which may or may not sustain the way of life you and the generations before you have always lived. In order to get to your new land you will be forced to walk the entire way through every kind weather at the mercy of armed guards who will decide where and when you stop or eat that day. If you survive the long journey to your new land, you will find it does not resemble the land that was taken from you. You will be confined to this land and will be expected to make use of it.

Can you make an educated guess about the success of this "land exchange" from the perspective of an American Indian? From the perspective of non-Indians?

C. What happened is between 1830 and 1840, somewhere between 150,000 and 300,000 American Indians were forcibly marched and resettled by the US Army into Indian Territory in the area we now call Oklahoma. [OVERHEAD 1 - REMOVAL MAP]

1. Many others were massacred before they could be persuaded to leave; an unknown number died from disease, exposure, and starvation.

2. Does anyone know what the Cherokee, Chickasaw, Choctaw, Muscogee, and Seminole Nations - the so-called "Five Civilized Tribes" and other Native Natives call their forced removal? The Trail of Tears.

3. At the same time as these first removals, Americans were moving westward and found Indian tribes in areas they hoped to settle. In an effort to settle the areas of the west and to protect Americans from the Indian "danger," Indians were confined to land reserved for their exclusive use - lands that were called reservations.

IV. What powers do Indians have on their reservations?

A. Beginning in the 1830s, as we will learn later, Indian nations began to lose much of their ability to make their own political, economic, and cultural choices as they signed treaties with and later were subject to the laws and taxes of the US government.

1. When the first Europeans arrived to North America, all Indian tribes were sovereign.

a. Discussion: Does anyone know what it means when a nation is sovereign?

b. After getting some ideas from the class, use the "Sovereignty" overhead [OVERHEAD 2 - SOVEREIGNTY].

c. Can we develop a clear definition for use in our class of what sovereignty means? Put this definition on the board.

2. After the colonial era, the new US Constitution continued to recognize Indian sovereignty. In Article 1, Section 8 - known as the Commerce Clause - the Constitution declared that:

"The Congress shall have the power to regulate Commerce with foreign nations and among the several states, and with the Indian tribes."

a. Discussion: What do you think this means?That Indian tribes were sovereign, and that there were three sovereign governmental entities within the United States: the federal government, the state governments, and the Indian Naitons. [OVERHEAD 3 - GOVERNMENTS IN THE UNITED STATES]

b. Based on what we already know about American Indians today, do you think the various tribes exercise sovereignty on their reservations as it is explained in the US Constitution? Clearly, no!

c. What then, do you think happened? After some discussion, give them some exact historical information about how the federal government began to whittle away tribal sovereignty.
3. Beginning in 1823 with the first of three US Supreme Court cases known as the Marshall Trilogy, the federal government began to whittle away tribal sovereignty. [OVERHEAD 4 - MARSHALL TRILOGY]

a. Discussion: What is the relationship between a "ward unto his guardian?" What does that imply about Indian nations and their relationship to the US government?

b. In your opinions, what were these Supreme Court decisions fair? Do you think most non-Indian American thought they were fair? Why?

B. Today, all tribes are sovereign. Among their sovereign powers over their internal affairs are those to:

1. determine their form of government;
2. define requirements for tribal citizenship;
3. administer justice and enforce laws;
4. tax tribal members;
5. regulate the domestic relations of their members; and
6. regulate property use.
C. It is important to remember that because of the decisions in the Marshall Trilogy, states cannot interfere with the self-government powers of federally-recognized tribes.

V. Why can Indians conduct gambling on their reservations?

A. As we already learned, Indian land does not operate under state laws, unless a federal law has been passed placing it under state law. As we will learn later in this unit, the Supreme Court has decided that even if a tribe is under state law, the state gaming regulations do not apply on Indian trust land.; B. In 1988 Congress passed the Indian Gaming Regulatory Act (IGRA), affirming the Supreme Court's decision that federally-recognized Indian tribes are sovereigns who can conduct gaming activities on their lands.; C. By the late 1990s, there were about 145 Tribal/State gaming compacts. Nearly 130 tribes in 24 states were involved in some kind of gaming.; D. States may not tax tribal casinos, nor may they refuse to enter into a compact with an Indian nation because they cannot impose a tax, fee, charge, or other assessment.; E. The National Indian Gaming Commission states that high-stakes gaming revenues cannot be used for any purposes other than to:
VI. Part I Summary
: A. Over the past two days, we have set a contemporary context for our discussion of the Red Power Movement which will begin tomorrow; B. What did we learn about Indians so far? [Refer to the "want to learn" list on the board and point to the issues you have already cleared up in the discussions.]; C. Armed with these basics, we will begin the next part of lesson which will examine the historical origins of the Red Power Movement during the era of Civil Rights.
Note to the teacher: If there is still a substantial list of "want to learn" topics in the second column on the board that need to be addressed, you may want to tell the students that you will do your best to find the answers for them within the time frame of this unit of study.: Back to Top; Back to 11th Grade Lesson Plan Introduction; Go to Part II