The Constitution and Indigenous Rights: Historical and Contemporary Issues
The Constitution and Indigenous Rights: Historical and Contemporary Issues The relationship between the United States Constitution and the rights of Indigenous peoples is a complex and evolving one. The Constitution has played a significant role in shaping the legal framework for addressing Indigenous rights, both historically and in contemporary times. This article explores the historical journey and ongoing challenges related to Indigenous rights within the constitutional context. Historical Context When the Constitution was drafted in 1787, Indigenous nations were already established on the North American continent. The framers grappled with the question of how to incorporate Indigenous nations into the new federal government. The Constitution’s Commerce Clause and the Supremacy Clause established the federal government’s authority in Indian affairs. Treaties and Agreements Throughout the 19th century, the U.S. government entered into numerous treaties and agreements with...