In his paper Ward Churchill explains the dynamics of the misconception surrounding the Native American population that labels them as an ethnic/racial minority. His paper on this highly controversial topic puts forth extremely plausible evidence that emphasizes on the fact that…
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According to the constitution, the federal government cannot enter into treaties with an entity, unless it is fully sovereign. The US government between the years 1790 and 1870 has entered into 371 treaties that affirm their sovereignty that is now both inherent and constitutionally valid (Churchill, 1985, p. 31). Throughout history, there have been numerous instances, besides the occupation of their homeland, whereby the government has failed to safeguard the interest of the Native Americans. Furthermore, from an economic point of view, the territories under the Native American tribes are extremely well-endowed with minerals and energy resources.
Hence, not only from an ethical viewpoint, the Native American population deserves to enjoy the status of a Nation from a legal and economic perspective as well. The Native population is further divided into three very distinct racial units. Hence essentially there is no all-encompassing term for the numerous racial divisions of the indigenous population of North America (Churchill, 1985, p. 30). Despite the fact that the American constitution has was composed in order to safe guard the interest of every group, but so far it has failed to do anything for the indigenous people or even control the crimes that take place within these tribes.
Inherent sovereignty may be a barrier, but it further demonstrates one of the key flaws within the country’s legislative and judicial system that has been unable to reach a position of compromise with the Native American tribesmen and the Government. The situation of the indigenous population is the perfect embodiment of the concept of ‘Internal colonialism’; which is the glaring disparity in development between two regions within the same society. As pointed out and elaborated by Churchill, it is truly a shame that the system fails to protect the rights of the
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