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Mathematics, 16.11.2020 20:20 thebigman7993

I KNOW IT IT LONG BUT PLEASE HELP ME PLEASE QUESTION: How does the Indian reservation have an effect on the right of occupancy

THESE ARE MY NOTES THE ANSWER IS IN IT

For our class, Original Indian Title comes with two rights to property, the first being the right to occupy the land claimed by Original Indian Title. Neither the Secretary of the Interior, Congress, or any other branch of government, has the Constitutional power to disregard the Right of Occupancy and this fact is settled government policy. Congress has recognized Original Indian Title in several state enabling acts (or acts of Congress officially creating/recognizing a state) by requiring the incoming state to disclaim all right and title to lands owned or held by any Indian or Indian tribe. From our class discussion on Discovery, what the Treaty of Guadalupe Hidalgo transferred to the United States was the right to purchase/conquer the lands of that territory from tribes (the Federal Government cannot grant what it does not have). Where no land cession has been freely made by a tribe, Original Indian Title remains unaffected. So, the second right of Original Indian Title is to transfer that title to the sovereign possessing the right of Discovery. Title by conquest, or title obtained through military force, has, for the most part, not been asserted by the United States. There are two ways in which the United States could have acquired its territory, the only way used was that of voluntary cession through compensation (or, to put simply, purchase). To begin, ā€œreserveā€ is defined as ā€œto refrain from using or disposing of (something); to retain for future use. ā€œIndian reservationsā€ did not describe land but were named for how the land came to exist as an ā€œIndian reservation.ā€ When the United States would attempt to purchase land of Native Americans, ā€œIndian reservationsā€ were created by removing those lands from the purchase so the tribe would continue to hold Original Indian Title within those boundaries.
Original Indian Title contains two very basic rights, the right to occupy the lands involved and the right to sell those lands to the government who possesses the right of Discovery. Though the United States had the right to conquer Native American lands to claim possession, the fact is that the common approach was to avoid military conflict and to purchase those lands instead. Finally, Native American tribes would often reserve lands from those purchases, retaining the claim to Original Indian Title as far as ā€œIndian reservationsā€ were concerned.

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