In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United States Supreme Court rejected the efforts ofthree Native American tribes to prevent the opening of tribal lands tonon-Indian settlement without tribal consent. In his study of the Lone Wolfcase, Blue Clark properly emphasizes the Court’s assertion of a virtuallyunlimited unilateral power of Congress (the House of Representatives and theSenate) 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 andexecution of formal written agreements with Indian tribes as a prerequisite forthe implementation of federal Indian policy. Many commentators believe that this change had already occurred in 1871when—following a dispute between the House and the Senate over which chambershould enjoy primacy in Indian affairs—Congress abolished the making oftreaties with Native American tribes. But in reality the federal government continued to negotiate formaltribal agreements past the turn of the century, treating these documents not astreaties with sovereign nations requiring ratification by the Senate but simplyas legislation to be passed by both houses of Congress. The Lone Wolf decision ended this era offormal negotiation and finally did away with what had increasingly become theempty formality of obtaining tribal consent.
Q14: As anelement in the argument presented by the author of the passage, the referenceto Blue Clark’s study of the Lone Wolfcase serves primarily to
A. point out that this episode in Native American history hasreceived inadequate attention from scholars
B. support the contention of the author of the passage thatthe Lone Wolf decision had a greaterlong-term impact than did the congressional action of 1871
C. challenge the validity of the Supreme Court’s decisionconfirming the unlimited unilateral power of Congress in Native Americanaffairs
D. refute the argument of commentators who regard thecongressional action of 1871 as the end of the era of formal negotiationbetween the federal government and Native American tribes
E. introduce a view about the Lone Wolf decision that the author will expand upon
这道题我选的是B 答案是E
According to the passage, which of the followingresulted from the Lone Wolf decision?
A. The Supreme Court took on a greater role in Native Americanaffairs.
B. Native American tribes lost their legal standing assovereign nations in their dealings with the federal government, but theirownership of tribal lands was confirmed.
C. The federal government no longer needed to conclude aformal agreement with a Native American tribe in order to carry out policydecisions that affected the tribe.
D. The federal government began to appropriate tribal landsfor distribution to non-Indian settlers.
E. Native American tribes were no longer able to challengecongressional actions by appealing to the Supreme Court.
这道题我选的是D 有谁能解释下么?谢谢啦!
作者: fatmoe 时间: 2013-4-18 06:43
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.
本文逻辑:1903 in the case of Lone Wolf, court 下令:不经允许印第安部落不对非印第安聚居地开放。
Blue Clark: 强调法院的声明实际上是单方面对印第安土著事务的侵权。
但是他没能指出这个事件的更深远的影响:这个事件之后,联邦政府放弃履行协议,直接干涉印第安事务。
Q14:As an element in the argument presented by the author of the passage, the reference to Blue Clark’s
study of the Lone Wolfcase serves primarily to
A.point out that this episode in Native American history has received inadequate attention from scholars(没提scholars不重视这个事件)
B.support the contention of the author of the passage that the Lone Wolf decision had a greater long-term impact than did the congressional action of 1871(他没有意识到还有深远的影响。)
C.challenge the validity of the Supreme Court’s decision confirming the unlimited unilateral power of Congress in Native American affairs(并非没有效,而是强调其不合理)
D.refute the argument of commentators who regard the congressional action of 1871 as the end of the era of formal negotiationbetween the federal government
and Native American tribes(没有拒绝commentator)
E.introduce a view about the Lone Wolf decision that the author will expand upon(介绍一个作者会继续深入探讨的观点。正确)
这道题我选的是B 答案是E
According to the passage, which of the following resulted from the Lone Wolf decision?
A. The Supreme Court took on a greater role in Native Americ anaffairs.(这个结果是1871年的那场争斗产生的,并非这个事件)
B. Native American tribes lost their legal standing as sovereign nations in their dealings with the federal government, but their ownership of tribal lands was confirmed.(正确)
C. The federal government no longer needed to conclude a formal agreement with a Native American tribe in order to carry out policy decisions that affected the tribe.(不是为了。。。不再需要。。。而是政府无理的不想履行协议,况且这也不是这件事的意义。)
D. The federal government began to appropriate tribal lands for distribution to non-Indian settlers.(早在1871就分出来领地谁属于谁了,只是就各个领地的事务处理权还有谈判余地。)
E. Native American tribes were no longer able to challenge congressional actions by appealing to the Supreme Court.(跟国会无关,因为这也是1871年发生的。)
这道题我选的是D 有谁能解释下么?谢谢啦!
【 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.
The federal government no longer needed to conclude a formal agreement with a Native American tribe in order to carry out policy decisions that affected the tribe.
这句话的意思:政府不再需要在执行政策之前先和印第安人议定一份协议了。根据: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.(这段话是Blue Clark没能总结出来的本事件的长远影响)