Below is an amicus curiae (friend of the court) brief that I wrote for my American Indian law class this past semester.
The Cheyenne River Sioux tribe is located in Eagle Butte, South Dakota. The tribe is of the Lakota division of the Sioux Nation. The tribe is divided up into six districts. The tribal council consists of a tribal chairman, a vice-chairman, two tribal secretaries, and two tribal treasurers. This tribe is no stranger to the courts. There have been many court cases and treaties that have involved the Cheyenne River Sioux tribe. This amicus brief will look at the political history of the Cheyenne River Sioux, as well as past court cases and treaties that have shaped their current government.
The Cheyenne River Sioux tribe today occupies around 1.4 million acres of land. The tribe is
made up of around 8,000 members. There are four bands that make up the tribe. They are the
Minnecoujou, Two Kettle, Sans Arc, and Blackfoot. Most members of the tribe speak the Lakota
language. The government of the tribe was approved on December 17, 1935. In terms of
elections the tribal executives are elected to four year terms. The tribal representatives are
elected to four year terms, but elections are staggered and sometimes are instituted every two
years instead of four. The first leader of the tribe was Big Foot who was killed during the 1890
Wounded Knee Massacre. During the Civil War the Cheyenne River Sioux tribe as well as other
tribes from the Sioux Nation engaged in a rebellion that involved guerrilla warfare. The rebellion
was eventually put down by Eugene Marshall. The current leader of the tribe is Arvol Looking
Horse. He has led many efforts to prevent the sale of sacred pipestone. He has an honorary
doctoral degree from the University of South Dakota.
As was mentioned above, the Cheyenne River Sioux tribe is divided up into six districts. They have a tribal council much like other tribes do. The tribe traces their beginnings through a Lakota creation story. They relied on the buffalo for food and to make things essential for their everyday life. The Cheyenne River Sioux were at the Battle of Little Bighorn and the Wounded Knee Massacre. They also have fought for their religious freedom throughout the years. The Cheyenne River Sioux, like other tribes have been fighting for rights for a long period of time.
Today the Cheyenne River Sioux tribe is thriving. The tribe has set up departments for tourism, employment, veteran services, and the list goes on. It seems that tourism is their biggest industry today. They have a tribal store, which consists of museums, a gift shop, and a convention center. The tribe also has many schools. These schools range from elementary to secondary. There is also a community college center. There is also Presentation College within the tribe. The tribe also includes a head start program which serves many communities within the tribe.
The tribe also is home to business such as feed stores, and crop spraying services. The tribe is also home to a hospital, and banks. There is also law firms located within the tribe. Many of
As was mentioned above, the Cheyenne River Sioux tribe is divided up into six districts. They have a tribal council much like other tribes do. The tribe traces their beginnings through a Lakota creation story. They relied on the buffalo for food and to make things essential for their everyday life. The Cheyenne River Sioux were at the Battle of Little Bighorn and the Wounded Knee Massacre. They also have fought for their religious freedom throughout the years. The Cheyenne River Sioux, like other tribes have been fighting for rights for a long period of time.
Today the Cheyenne River Sioux tribe is thriving. The tribe has set up departments for tourism, employment, veteran services, and the list goes on. It seems that tourism is their biggest industry today. They have a tribal store, which consists of museums, a gift shop, and a convention center. The tribe also has many schools. These schools range from elementary to secondary. There is also a community college center. There is also Presentation College within the tribe. The tribe also includes a head start program which serves many communities within the tribe.
The tribe also is home to business such as feed stores, and crop spraying services. The tribe is also home to a hospital, and banks. There is also law firms located within the tribe. Many of
these businesses are members of the chamber of commerce. The chamber of commerce’s goal is
to promote a vibrant regional economy. The tribe is also home to two hotels. These hotels are in
place to promote tourism. It is also worth noting that both of these hotels are locally owned and
operated.
The Cheyenne River Sioux tribe has been affected by treaties and laws over the years. The treaties that have affected this tribe include the Fort Laramie Treaty, The Treaty of Fort Laramie that was passed in 1851, and The Treaty of Fort Laramie that was passed in 1868. The laws that have affected this tribe include the Regulation of Sacred Objects across Canadian Border Act, the Indian Gaming Regulatory Act, the Native American Rights Fund, and the Indian Child Welfare Act. This tribe is currently being affected by the Salazar Per Capita, which would affect the distribution of around 19,000 per capita checks. Each of these treaties and laws has had an impact on this tribe in either a positive or negative way.
The Cheyenne River Sioux tribe has two ordinances in place in order to preserve their heritage. The ordinance numbers are 57 and 66. Ordinance 66 says that the Cheyenne River Sioux tribe has the right to teach the Lakota language in their schools. Ordinance 57 says that the cultural resources of the tribe will be protected. The tribe’s natural resources are protected by the National Historic Preservation Act, the Archeological Resources Protection Act, and the Native American Graves Protection and Reparation Act. The tribe is currently in the midst of passing
The Cheyenne River Sioux tribe has been affected by treaties and laws over the years. The treaties that have affected this tribe include the Fort Laramie Treaty, The Treaty of Fort Laramie that was passed in 1851, and The Treaty of Fort Laramie that was passed in 1868. The laws that have affected this tribe include the Regulation of Sacred Objects across Canadian Border Act, the Indian Gaming Regulatory Act, the Native American Rights Fund, and the Indian Child Welfare Act. This tribe is currently being affected by the Salazar Per Capita, which would affect the distribution of around 19,000 per capita checks. Each of these treaties and laws has had an impact on this tribe in either a positive or negative way.
The Cheyenne River Sioux tribe has two ordinances in place in order to preserve their heritage. The ordinance numbers are 57 and 66. Ordinance 66 says that the Cheyenne River Sioux tribe has the right to teach the Lakota language in their schools. Ordinance 57 says that the cultural resources of the tribe will be protected. The tribe’s natural resources are protected by the National Historic Preservation Act, the Archeological Resources Protection Act, and the Native American Graves Protection and Reparation Act. The tribe is currently in the midst of passing
the JTAC ordinance which effects economic development, infrastructure development, and
education, health, recreation, and social the social welfare fund.
The Cheyenne River Sioux tribe has also been involved in some past court cases as well as treaties. The next sections of the amicus brief will look at and analyze a few of these documents. These treaties and court cases have had a lasting impact on the tribe as it is known today. This will also be included in the analysis of each document.
The first case that will be examined is the 2012 case Cheyenne River Sioux Tribe v. Judicial Court this case was a custody dispute. The Cheyenne River Sioux tribe was in possession of three Native American children. The children had been hospitalized; the oldest child was intoxicated and suffering from seizures. The court said that the tribe was in violation of the Indian Child Welfare Act. The tribe argued the custody that the oldest child was placed in. The court said that placement practices were not applicable. The tribe filed for a writ of mandamus. The writ of mandamus prohibited the court to start a new custody hearing. The court rejected the tribe’s request for a new custody hearing, saying that they had filed a writ of mandamus unlawfully. The children were placed in the custody of their mother.9
The next case that will be discussed is the 1963 case Employment SEC. Dept. v. Cheyenne River Sioux Tribe this case was a dispute over an effort to collect contributions to the state unemployment trust fund. The tribe had been employed by an unnamed company. They had stopped working for them. The tribe had collected taxable wages from the company. The problem was that the tribe had to pay the Federal Government 90% of their wages under the
The Cheyenne River Sioux tribe has also been involved in some past court cases as well as treaties. The next sections of the amicus brief will look at and analyze a few of these documents. These treaties and court cases have had a lasting impact on the tribe as it is known today. This will also be included in the analysis of each document.
The first case that will be examined is the 2012 case Cheyenne River Sioux Tribe v. Judicial Court this case was a custody dispute. The Cheyenne River Sioux tribe was in possession of three Native American children. The children had been hospitalized; the oldest child was intoxicated and suffering from seizures. The court said that the tribe was in violation of the Indian Child Welfare Act. The tribe argued the custody that the oldest child was placed in. The court said that placement practices were not applicable. The tribe filed for a writ of mandamus. The writ of mandamus prohibited the court to start a new custody hearing. The court rejected the tribe’s request for a new custody hearing, saying that they had filed a writ of mandamus unlawfully. The children were placed in the custody of their mother.9
The next case that will be discussed is the 1963 case Employment SEC. Dept. v. Cheyenne River Sioux Tribe this case was a dispute over an effort to collect contributions to the state unemployment trust fund. The tribe had been employed by an unnamed company. They had stopped working for them. The tribe had collected taxable wages from the company. The problem was that the tribe had to pay the Federal Government 90% of their wages under the
Federal Tax Act. Another catch was that Indian tribes could not be sued without the permission
of Congress. The court was found to have no jurisdiction of the tribe in this civil case. The case
was dismissed.
In the case of Red Bear v. Cheyenne River Sioux Tribe (1983), Red Bear, a tribal police officer, had injured his hand while on the job. The injury resulted in nerve damage in Red Bear’s hand. The plaintiff claimed that he needed surgery, but did not have enough money to do so. As a result of this11 the operation was postponed and it prevented the plaintiff from effectively doing his job. Red Bear said that he was not able to hold his pistol properly. As a result the plaintiff had to resign from the police force. Red Bear took the tribe to court with hopes of getting unemployment benefits. He felt that the tribe had not properly helped him obtain the surgery that he needed. The court determined that the plaintiff did not need unemployment benefits from the tribe. The court said that if they had of ruled in favor of Red Bear, the eligibility requirements for unemployment would become restricted.
In the case of Cheyenne River Sioux Tribe and Oglala Sioux Tribe v. United States Appellee (1986) the tribes and the Federal Government engaged in a land dispute. Land had been originally reserved for the Sioux tribes under an 1868 treaty. The Federal Government was now trying to claim that land as theirs. The Federal Government had acquired this land in an 1877 treaty. The hunting and fishing rights were not included in the 1877 treaty. The tribes eventually
In the case of Red Bear v. Cheyenne River Sioux Tribe (1983), Red Bear, a tribal police officer, had injured his hand while on the job. The injury resulted in nerve damage in Red Bear’s hand. The plaintiff claimed that he needed surgery, but did not have enough money to do so. As a result of this11 the operation was postponed and it prevented the plaintiff from effectively doing his job. Red Bear said that he was not able to hold his pistol properly. As a result the plaintiff had to resign from the police force. Red Bear took the tribe to court with hopes of getting unemployment benefits. He felt that the tribe had not properly helped him obtain the surgery that he needed. The court determined that the plaintiff did not need unemployment benefits from the tribe. The court said that if they had of ruled in favor of Red Bear, the eligibility requirements for unemployment would become restricted.
In the case of Cheyenne River Sioux Tribe and Oglala Sioux Tribe v. United States Appellee (1986) the tribes and the Federal Government engaged in a land dispute. Land had been originally reserved for the Sioux tribes under an 1868 treaty. The Federal Government was now trying to claim that land as theirs. The Federal Government had acquired this land in an 1877 treaty. The hunting and fishing rights were not included in the 1877 treaty. The tribes eventually
settled, but only two of the four tribes accepted it. The Supreme Court eventually vacated
judgment of this case.
There have also been multiple treaties that have affected the Cheyenne River Sioux tribe throughout the past few years. The earliest treaty that affected the tribe was the first Fort Laramie Treaty. As was mentioned above these treaties all affect this tribe in a variety of ways. Some of these treaties have been the deciding factor as to whether a court case is one or lost. The following part of this amicus brief will analyze a few of these treaties and look at the impact that they have had on the Cheyenne River Sioux tribe.
The first treaty that will be examined is Public Law 88-418. This treaty was created in order to resolve a land dispute which involved the Cheyenne River Sioux tribe. This treaty was passed on August 11, 1964. The treaty says that all land that the tribe sells, the money that is paid for the property has to go to the Department of the Interior. The treaty also says that any land that is purchased with the money that goes to the Department of the Interior, is owned by the Federal government, but is put under the trust of the tribe. If this land is sold the tribe must immediately inform the Department of the Interior.
The next treaty involves mineral rights on the Cheyenne River Sioux reservation. This treaty was passed on July 14, 1954. This treaty says that both the Cheyenne River Sioux tribe as well as the Standing Rock Sioux tribe has full access to their mineral and timber rights. The tribes are required to pay the holders all of the moneys that were collected in exchange for the use of the mineral and/or timber rights on the land. This treaty does come with a catch however. The
There have also been multiple treaties that have affected the Cheyenne River Sioux tribe throughout the past few years. The earliest treaty that affected the tribe was the first Fort Laramie Treaty. As was mentioned above these treaties all affect this tribe in a variety of ways. Some of these treaties have been the deciding factor as to whether a court case is one or lost. The following part of this amicus brief will analyze a few of these treaties and look at the impact that they have had on the Cheyenne River Sioux tribe.
The first treaty that will be examined is Public Law 88-418. This treaty was created in order to resolve a land dispute which involved the Cheyenne River Sioux tribe. This treaty was passed on August 11, 1964. The treaty says that all land that the tribe sells, the money that is paid for the property has to go to the Department of the Interior. The treaty also says that any land that is purchased with the money that goes to the Department of the Interior, is owned by the Federal government, but is put under the trust of the tribe. If this land is sold the tribe must immediately inform the Department of the Interior.
The next treaty involves mineral rights on the Cheyenne River Sioux reservation. This treaty was passed on July 14, 1954. This treaty says that both the Cheyenne River Sioux tribe as well as the Standing Rock Sioux tribe has full access to their mineral and timber rights. The tribes are required to pay the holders all of the moneys that were collected in exchange for the use of the mineral and/or timber rights on the land. This treaty does come with a catch however. The
Secretary of the Interior has the authority to regulate anything that is essential to carry out this
act.
The next treaty involves a land dispute between the tribe and the Federal government. There had been 160 acres of land that had been set aside for use by the St. John’s Mission School. This land had been set aside by the president in 1890 for use by the school. In 1903 the school reached out to the Federal government to say that they no longer wanted the land. As a result of this President Theodore Roosevelt said that any land that was not being used must be disposed of.
Another treaty that will be analyzed was put into effect on April 29, 1930. It involved a member of the tribe that had been killed during the First World War. The question was whether or not the tribe was obligated to build a memorial in his honor. This treaty made it necessary for the Cheyenne River Sioux tribe to erect monuments on behalf of members of the tribe who have died in the line of duty. The Secretary of the Interior must approve these monuments however. The memorials also had to be paid for by using the United States Treasury. These memorials could not cost any more than $1,500 dollars.
The next treaty involves multiple tribes within the Sioux Nation. It involved living and working conditions that the Sioux Indians were exposed to. This treaty went into effect on August 7, 1882. The first article of this treaty says that the Cheyenne River Sioux Indians should have the same living conditions that the white man has. These living condition requirements should be regulated and monitored by the United States government. The second article essentially refers to treaties that were passed in 1868 and in 1876. This treaty says that these
The next treaty involves a land dispute between the tribe and the Federal government. There had been 160 acres of land that had been set aside for use by the St. John’s Mission School. This land had been set aside by the president in 1890 for use by the school. In 1903 the school reached out to the Federal government to say that they no longer wanted the land. As a result of this President Theodore Roosevelt said that any land that was not being used must be disposed of.
Another treaty that will be analyzed was put into effect on April 29, 1930. It involved a member of the tribe that had been killed during the First World War. The question was whether or not the tribe was obligated to build a memorial in his honor. This treaty made it necessary for the Cheyenne River Sioux tribe to erect monuments on behalf of members of the tribe who have died in the line of duty. The Secretary of the Interior must approve these monuments however. The memorials also had to be paid for by using the United States Treasury. These memorials could not cost any more than $1,500 dollars.
The next treaty involves multiple tribes within the Sioux Nation. It involved living and working conditions that the Sioux Indians were exposed to. This treaty went into effect on August 7, 1882. The first article of this treaty says that the Cheyenne River Sioux Indians should have the same living conditions that the white man has. These living condition requirements should be regulated and monitored by the United States government. The second article essentially refers to treaties that were passed in 1868 and in 1876. This treaty says that these
Sioux Indians are required to live on their own assigned reservations. The third article says that
the leader of every family is entitled to 320 hundred acres of land. This land was given to the
Indians by the United States government.
This treaty also said that the Indians were to be given multiple head of cattle and bulls. The United States government was also required to provide the Indians with services such as doctors, carpenter, and millers. The Federal government was also to provide the Indians with lodging. The Indians had to all be in good standing with both the United States government as well as their tribal government.
This new treaty also modified old ones. According to article eight of this new treaty, the treaties of 1868 and 1876 have been modified. This treaty also said that the Federal government would regulate and oversee the tribal schools. The Sioux tribes that were affected by this treaty were the Pine Ridge tribe, the Rosebud tribe, the Standing Rock tribe, the Cheyenne River, and the Lower Brules. This treaty was signed and stamped by each member of these tribe’s tribal councils. This treaty was most definitely a huge benefit to these five Sioux tribes.
As one can see the Cheyenne River Sioux tribe has been involved in their share of legal trouble. As a historian I have to say that I side with this tribe in all of these court cases that have been mentioned above. These people however deserve to be treated the same as any other group does. This tribe has made significant contributions in the United States today. They are home to a college, and they also help to boost the economy in South Dakota by way of tourism. These people should be left alone by the United States government. The only instance in which the Federal government should step in and get involved with an Indian tribe is if there has been a
This treaty also said that the Indians were to be given multiple head of cattle and bulls. The United States government was also required to provide the Indians with services such as doctors, carpenter, and millers. The Federal government was also to provide the Indians with lodging. The Indians had to all be in good standing with both the United States government as well as their tribal government.
This new treaty also modified old ones. According to article eight of this new treaty, the treaties of 1868 and 1876 have been modified. This treaty also said that the Federal government would regulate and oversee the tribal schools. The Sioux tribes that were affected by this treaty were the Pine Ridge tribe, the Rosebud tribe, the Standing Rock tribe, the Cheyenne River, and the Lower Brules. This treaty was signed and stamped by each member of these tribe’s tribal councils. This treaty was most definitely a huge benefit to these five Sioux tribes.
As one can see the Cheyenne River Sioux tribe has been involved in their share of legal trouble. As a historian I have to say that I side with this tribe in all of these court cases that have been mentioned above. These people however deserve to be treated the same as any other group does. This tribe has made significant contributions in the United States today. They are home to a college, and they also help to boost the economy in South Dakota by way of tourism. These people should be left alone by the United States government. The only instance in which the Federal government should step in and get involved with an Indian tribe is if there has been a
major crime that has been committed in Indian Territory. The United States government needs to
back off and let the Cheyenne River Sioux tribe “stand own their own two feet.” This tribe does
not want the Federal government hanging around telling them what to do. We as non-Indians
need to stop thinking that we can take advantage of the Indians. They have been taken advantage
of enough already throughout their history. Does not everyone deserve respect and equal
treatment? I think so.
All of the court cases and treaties that have been analyzed above have had both positive and negative effects on the Cheyenne River Sioux tribe. This tribe is no different from other ones in the sense that the majority of the conflict that they have been in involved has involved land disputes.
One question that arises that peaks my interest is the fact that why do these Indians have to pay the Department of the Interior “x” amount of money every time they sell a piece of property? On the flip side, why do the Indians have to pay the Department of the Interior “x” amount of money every time they purchase a piece of property? It just does not make sense. These Indians deserve to be treated better.
Another question that arises out of this is why do the members of the Cheyenne River Sioux tribe have to get their plans for a monument to war veterans approved by the Department of the Interior? It seems to me as a historian that the Indians should be able to control their own finances. This is like a mother telling her child to save their money for things more useful. This is essentially how the Indians are being treated and they are adults. The current leader of the Cheyenne River Sioux tribe holds an honorary doctorate from South Dakota State University.
All of the court cases and treaties that have been analyzed above have had both positive and negative effects on the Cheyenne River Sioux tribe. This tribe is no different from other ones in the sense that the majority of the conflict that they have been in involved has involved land disputes.
One question that arises that peaks my interest is the fact that why do these Indians have to pay the Department of the Interior “x” amount of money every time they sell a piece of property? On the flip side, why do the Indians have to pay the Department of the Interior “x” amount of money every time they purchase a piece of property? It just does not make sense. These Indians deserve to be treated better.
Another question that arises out of this is why do the members of the Cheyenne River Sioux tribe have to get their plans for a monument to war veterans approved by the Department of the Interior? It seems to me as a historian that the Indians should be able to control their own finances. This is like a mother telling her child to save their money for things more useful. This is essentially how the Indians are being treated and they are adults. The current leader of the Cheyenne River Sioux tribe holds an honorary doctorate from South Dakota State University.
That alone should tell the court that these people are extremely educated and should not be
treated like babies.
The Cheyenne River Sioux tribe has also done much good work for the economy of South Dakota besides just tourism. The tribe is home to many business, as well as schools. The college that was mentioned above is a very well-respected institution of higher learning. Presentation College has many programs of study that equips students to be productive members of society. The college also offers many campus life programs in order to bring students together. These campus life programs are beneficial to the students in the sense that they keep young people off the streets and thus out of trouble. Presentation College is not entirely made up of Indians. There are many non-Indians that attend school at Presentation. This allows these non-Indian students to gain a broader understanding and appreciation of what it is like to be a member of the Cheyenne River Sioux tribe and live on the reservation.
The Cheyenne River Sioux tribe deserves much recognition for the things that they have done over the years. The efforts by the tribal government to stop the sale of sacred pipestone are to be commended. The efforts of this tribe to promote education at the elementary, middle, high school, and college level are also to be commended. This tribe realizes that education is of the utmost importance. The tribal leaders know that without a strong education system the leaders of tomorrow will not be properly equipped to lead the tribe in the future.
The Cheyenne River Sioux has seen their share of controversy, but they seem to always come out on top. From a historians perspective the tribe does things the right way. During my research there was not one case that involved corruption within the tribal government. I commend this
The Cheyenne River Sioux tribe has also done much good work for the economy of South Dakota besides just tourism. The tribe is home to many business, as well as schools. The college that was mentioned above is a very well-respected institution of higher learning. Presentation College has many programs of study that equips students to be productive members of society. The college also offers many campus life programs in order to bring students together. These campus life programs are beneficial to the students in the sense that they keep young people off the streets and thus out of trouble. Presentation College is not entirely made up of Indians. There are many non-Indians that attend school at Presentation. This allows these non-Indian students to gain a broader understanding and appreciation of what it is like to be a member of the Cheyenne River Sioux tribe and live on the reservation.
The Cheyenne River Sioux tribe deserves much recognition for the things that they have done over the years. The efforts by the tribal government to stop the sale of sacred pipestone are to be commended. The efforts of this tribe to promote education at the elementary, middle, high school, and college level are also to be commended. This tribe realizes that education is of the utmost importance. The tribal leaders know that without a strong education system the leaders of tomorrow will not be properly equipped to lead the tribe in the future.
The Cheyenne River Sioux has seen their share of controversy, but they seem to always come out on top. From a historians perspective the tribe does things the right way. During my research there was not one case that involved corruption within the tribal government. I commend this
tribe for that, and think that they deserve recognition for their outstanding honesty and integrity
in the way that they conduct their business.
Finally I ask the court to reach out and help this tribe both financially and legally. This tribe deserves that. One thing that this court does not need to do is give them a hard time. This tribe has had too much of that. This tribe also deserves the right to not have to answer to the Department of the Interior for everything they do. This tribe has earned the right to be independent from the United States government. In the end honesty and integrity prevail, and this tribe most defiantly has that.
Finally I ask the court to reach out and help this tribe both financially and legally. This tribe deserves that. One thing that this court does not need to do is give them a hard time. This tribe has had too much of that. This tribe also deserves the right to not have to answer to the Department of the Interior for everything they do. This tribe has earned the right to be independent from the United States government. In the end honesty and integrity prevail, and this tribe most defiantly has that.
Above is a map of the Cheyenne River Sioux reservation. The six districts are outlined.
For more information about the Cheyenne River Sioux tribe I suggest that you check out their website: http://www.sioux.org
I apologize if this post is formatted weird, I copied and pasted my paper from a Word document into the blog template and removed the footnotes. Check out Justia.com and The Oklahoma State Online Library's Kappler for more information about these court cases and treaties.
Stay tuned for more blog posts about tales from Tennessee and beyond.
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