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ERIC Number: ED113114
Record Type: RIE
Publication Date: 1975-Aug-20
Pages: 150
Abstractor: N/A
Reference Count: 0
Legislative Analysis of the Federal Role in Indian Education.
Deloria, Vine, Jr.
Legislation pertaining to American Indian affairs is highly dependent upon the events and movements of history. No purified legal theory such as contract law or the law of damages emerges from the field of Indian law. While some of the legal theory must come from the ratified treaties, statutes, and case law defining the relationship of the United States and the Indian tribes, a great deal of the legal theory must come in tracing developments of a continuing nature in the actions of the U.S in fulfilling its legal obligations about which no doubt whatsoever exists. This paper presents: (1) a chronology of the Federal-Indian relationship; (2) an analysis of treaty responsibility for education of Indians; (3) a chronology of delegation of legal responsibility of the U.S. to government departments and agencies; and (4) interpretation of the legal responsibility of the Federal government in the field of Indian education. Some historical developments which were relevant in determining the Federal government's legal obligations in Indian education are traced. Discussion of the development of Federal policy in the field of Indian affairs deals specifically with the gradual merger of 2 different forms of obligations--treaty rights and the general concern for Indian welfare as seen in statutory law. (Author/NQ)
Publication Type: Books
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Office of Education (DHEW), Washington, DC. Office of Indian Education.