In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United States Supreme Court rejected the efforts of three Native American tribes to prevent the opening of tribal lands to non-Indian settlement without tribal consent.
In his study of the Lone Wolf case, Blue Clark properly emphasizes the Court’s assertion of a virtually unlimited unilateral power of Congress (the House of Representatives and the Senate) over Native American affairs.
But he fails to note the decision’s more far-reaching impact:
shortly after Lone Wolf, the federal government totally abandoned negotiation and execution of formal written agreements with Indian tribes as a prerequisite for the implementation of federal Indian policy.
Many commentators believe that this change had already occurred in 1871 when—following a dispute between the House and the Senate over which chamber should enjoy primacy in Indian affairs—Congress abolished the making of treaties with Native American tribes.
But in reality the federal government continued to negotiate formal tribal agreements past the turn of the century, treating these documents not as treaties with sovereign nations requiring ratification by the Senate but simply as legislation to be passed by both houses of Congress. The Lone Wolf decision ended this era of formal negotiation and finally did away with what had increasingly become the empty formality of obtaining tribal consent.
第13题 According to the passage, which of the following was true of relations between the federal government and Native American tribes?
A.
Some Native American tribes approved of the congressional action of 1871 because it simplified their dealings with the federal government.
B.
Some Native American tribes were more eager to negotiate treaties with the United States after the Lone Wolf decision.
C.
Prior to the Lone Wolf decision, the Supreme Court was reluctant to hear cases involving agreements negotiated between Congress and Native American tribes.
D.
Prior to 1871, the federal government sometimes negotiated treaties with Native American tribes.
E.
Following 1871, the House exercised more power than did the Senate in the government’s dealings with Native American tribes.
GWD的分析是对于shortly after Lone Wolf, the
federal government totally abandoned
negotiation and execution of formal
written agreements with Indian tribes
as a prerequisite for the implementation of federal Indian policy.
取非
我不同意这个说法,这个取非说法只能是说在1871年至1903年间政府和当地人有协商,跟不无法得知早于1871年的情况,我认为是我黄色背景的哪句话可以看出,政府在1871coutinued这个词可以说明之前也是在协商的。
请大家分析分析,仅供参考