What is the history of Native American law?

The history of Native American law in Oklahoma encompasses centuries of legal decisions and changes that have shaped the state’s modern legal landscape. Native American law in Oklahoma dates back to the 18th century when the U.S. government made treaties with the Five Civilized Tribes, who occupied the majority of the region at the time. These treaties allowed for the continued self-governance of many Native American tribes as long as they followed the laws of the United States. In 1906, Congress passed the Dawes Act, which affected the structure of Native American law in Oklahoma. This law stripped Native Americans of their rights to land held in common and instead required each tribal member to be allotted an individual tract of land. This resulted in the loss of tribal land, reducing the autonomy of tribal leaders and communities. The Indian Reorganization Act of 1934 was established to reverse the Dawes Act, returning a certain level of self-government to Native American tribes. This landmark legislation allowed tribes to write and ratify their own constitutions and created Tribal Councils with the authority to pass laws and regulations that would govern their communities. In 1953, Congress passed the Oklahoma Indian Welfare Act. This law provided for the protection of Native American tribal land, gave Native Americans the right to vote in state and federal elections, and provided access to social services and funds that were previously not available to tribal members. Today, Native American law in Oklahoma continues to evolve. In more recent years, the Supreme Court has made decisions regarding topics such as tribal sovereignty, water rights, and the legal authority of tribal governments. These rulings still impact Native Americans in Oklahoma today.

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