Posts tagged Indigenous Law
Haaland v. Brackeen Explored: The Constitutional Defensibility of ICWA

The United States’ troubled history with Native people is an extensive one. Notorious for forcibly and unjustifiably removing Native children from their homes and families, the U.S. government’s conscious effort to strip Native peoples of their community ties was reinforced by legislation set to undercut Indigenous rights. As one historical data point, the Civilization Fund Act, codified into law by President James Monroe in 1819, established church-run “Indian boarding schools” with the aim of forcibly assimilating Native children. [1] For over a century, Native children were forcibly removed from their homes, rehoused with white families, and placed into these “schools”, effectively stripping them of their identities, languages, and beliefs.  

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