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Native American Rights: Past and Present
Laura Valdez
University of Arkansas
COMM 1313: Public Speaking
John Morris
March 7, 2025
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Native American Rights: Past, Present, and Future
Specific Purpose: To inform my audience about the history of Native American rights, the legal
challenges they face today, and the future of tribal sovereignty.
Central Idea: While Native American rights have improved through legal battles and activism,
significant challenges remain in maintaining sovereignty, legal jurisdiction, and fair treatment in
the U.S. legal system.
Introduction
(Attention grabber) Imagine waking up one day to find the land your ancestors lived on for
centuries was no longer considered your own. This has been the reality for Native American
tribes for generations. (Reason to listen) Native American rights are a crucial part of U.S. history
and continue to impact millions today. Understanding these issues helps us recognize the
importance of sovereignty, representation, and fairness in the legal system. (Credibility) I have
researched multiple legal cases, historical documents, and recent articles to understand the
struggles Native Americans face. (Preview) Today, I will discuss three main aspects of Native
American rights, the history of Native American legal struggles. Current challenges in law and
sovereignty.
Transition: Let’s start with the history of Native American legal struggles.
Body
I. The History of Native American Legal Struggles.
A. The U.S. government has a long history of violating Native American rights.
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1. According to CQ Researcher (2021), the Trail of Tears (1830s) forcibly
removed thousands of Cherokees, Chickasaw, Creek, Choctaw, and
Seminole people from their land.
2. The Dawes Act (1887) divided tribal land into individual plots, causing
the loss of 90 million acres of Native land, as highlighted by CQ
Researcher (2021).
3. The Indian Reorganization Act (1934) attempted to restore some land and
promote self-governance, but damage had already been done (CQ
Researcher, 2021).
B. Legal battles over sovereignty have shaped Native American rights.
1. As noted in The Supreme Court’s Conquest of Indian Country (2022), the
McGirt v. Oklahoma (2020) Supreme Court ruling reaffirmed that much
of eastern Oklahoma remains Native land.
2. However, the Castro-Huerta ruling (2022) weakened tribal sovereignty by
allowing states to prosecute non-Native offenders on reservations, as
stated in Narrowing From Below (2024).
Transition: While history has set the stage, Native Americans still face major challenges today.
II. Current Challenges in Law and Sovereignty.
A. Tribal jurisdiction remains a contested issue.
1. According to Case Law on American Indians (2023), Native American
courts struggle to prosecute crimes involving non-Natives.
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2. The Major Crimes Act (1885) gave the federal government authority over
many crimes on reservations, limiting tribal justice systems (Case Law on
American Indians, 2023).
B. Economic and digital inequalities continue to affect Native communities.
1. As highlighted by The Digital Isolation of Indigenous Communities
(2022), many reservations lack access to high-speed internet, which is
vital for education, jobs, and healthcare.
2. Federal programs have failed to close the “digital divide” in Native
communities, leaving them disconnected from modern opportunities (The
Digital Isolation of Indigenous Communities, 2022).
C. Native Americans face discrimination in healthcare and law enforcement.
1. A study published in Health Services Research (2019) reported that 23%
of Native Americans experience discrimination in medical settings.
2. Native women suffer from the highest rates of violence, often committed
by non-Native offenders who escape prosecution due to legal loopholes
(Health Services Research, 2019).
Transition: Federal and state policies continue to shape the reality of Native American rights
today.
III. The Impact of Federal and State Policies.
A. Federal policies have had lasting effects on Native American sovereignty.
1. According to A Battle Among Sovereigns (2024), federal policies have
historically limited tribal authority in legal and land disputes.
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2. The Bureau of Indian Affairs (BIA) plays a role in managing Native lands,
but many tribes argue it limits self-governance (A Battle Among
Sovereigns, 2024).
B. The role of state governments in Native American affairs.
1. Some states challenge tribal sovereignty through taxation and land
disputes, as discussed in Case Law on American Indians (2023).
2. State authorities gained expanded legal power in Native lands after the
Castro-Huerta ruling (2022) (Narrowing From Below, 2024).
C. Native American representation in government remains an issue.
1. Despite progress, many tribes struggle for full political representation (The
Supreme Court’s Conquest of Indian Country, 2022).
2. Federal and state governments continue to negotiate the role of tribal
leadership in lawmaking (A Battle Among Sovereigns, 2024).
Transition: (Signal): The impact of these policies remains central to discussions on Native
American rights.
Conclusion
(Review) Native American rights remain a major legal and social issue in the U.S. today. We
explored the history of Native American legal struggles, the challenges they face today, and the
impact of federal and state policies. (Clincher): In conclusion, to put all of this into perspective,
Native communities have fought tirelessly for sovereignty, and it is important to recognize their
struggles and contributions to American history.
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References
Buiquy, M. (2022) "The Digital Isolation of Indigenous Communities," American Indian Law
Journal: Vol. 11: Iss. 1, Article 3.
Available at: https://digitalcommons.law.seattleu.edu/ailj/vol11/iss1/3
Cody T. P., A Battle Among Sovereigns: Partnering Federal Exhaustion and Infringement
Principles to Safeguard Tribal Court Jurisdiction Over Labor and Employment Disputes,
77 Ark. L. Rev. (2024).
Available at: https://scholarworks.uark.edu/alr/vol77/iss3/7
Reese, E. R., (July 6, 2022 Wednesday). The Supreme Court's Conquest of Indian
Country. Newstex Blogs The Nation Blogs. https://advance.lexis.com/api/document?
collection=news&id=urn%3acontentItem%3a65VW-K891-F03R-N2GX-00000-
00&context=1519360&identityprofileid=HM55WQ54590.
Findling, M. G., Casey, L. S., Fryberg, S. A., Hafner, S., Blendon, R. J., Benson, J. M., Sayde, J.
M., & Miller, C. (2019). Discrimination in the United States: Experiences of Native
Americans. Health services research, 54 Suppl 2(Suppl 2), 1431–1441.
https://doi.org/10.1111/1475-6773.13224
Lyons, C. (2021). Native American rights. In CQ Researcher. CQ Press
https://doi.org/10.4135/cqresrre20211119
Parks, M. B., Narrowing From Below: How Lower Courts Can Limit Castro-Huerta, 76
Ark. L. Rev. (2024).
Available at: https://scholarworks.uark.edu/alr/vol76/iss4/7
Native American Rights Fund, author, University of Colorado Boulder. School of Law, author,
Gould School of Law. Tribal Legal Development Clinic, author, & Gould School of Law.
Native Nations Law & Policy Center, issuing body. (2021). Tribal implementation toolkit :
project to implement the United Nations Declaration on the Rights of Indigenous
Peoples. UCLA School of Law, Native Nations Law & Policy Center.
Schlosser, T. P. (2023) "Case Law on American Indians," American Indian Law Journal: Vol. 11:
Iss. 2, Article 3.
Available at: https://digitalcommons.law.seattleu.edu/ailj/vol11/iss2/3
