Building on Nixon's 'new' Indian
policy Posted: June 20, 2008
by:
Editors Report
/ Indian Country Today
A mystery of modern Indian policy is why
President Richard Nixon introduced self-determination policy. Until Nixon's
Indian policy, termination and assimilation ruled in Indian affairs. One
might argue that federal Indian policy has not lived up to his vision.
During the 1950s and '60s, Indian activists lobbied hard against termination
policies and for a new direction in Indian affairs. NCAI and Indian leaders
were ultimately successful in organizing congressional opposition to
termination policy. But they were less able to influence the Democratic and
more liberal Kennedy and Johnson administrations in the 1960s.
Neither John F. Kennedy nor Lyndon B. Johnson were willing to make treaty
relations the basis of Indian affairs, and neither were willing to reject
termination policy.
Termination policy is formally defined as the severance of the
government-to-government relation with Indian tribes, and the ending of the
trust relation of the federal government toward Indian governments, Indian
assets and indigenous rights. Stewart Udall, Johnson's Interior Department
secretary, once indicated that the administration was not proposing
immediate termination, but rather that their policies were geared toward
long-range termination goals.
Kennedy and Johnson did not view treaties as the basis of Indian relations.
They saw Indians as U.S. citizens but did not emphasize treaty rights,
indigenous rights or trust relations. To them, Indians were a poor minority
in need of government aid and civil rights. The reconfiguring of Indians as
a minority group reflected an unwillingness during the 1960s to engage in
Indian affairs from the government-to-government point of view. Anti-poverty
programs were designed to lift Indian people economically and socially into
American society, not to support indigenous identity or communities, or to
recognize and strengthen government-to-government relations.
Indian activism of the 1960s had little conceptual or substantive effect on
the development of Indian policies. That is not to say that the anti-poverty
and civil rights agendas of the Kennedy-Johnson administrations did not
support tribal communities; many tribal communities took advantage of the
government programs and worked for self-determination through
sub-contracting, which eventually evolved into the present-day emphasis on
contracting between tribal governments and federal agencies.
Nevertheless, the Kennedy-Johnson policies remained steadfastly in an
American melting pot and political redistributive mode, where Indian
communities were part of America's ''unfinished business'' of economically
and socially including Indian people and communities into the American
mainstream. Such policies were assimilative and did not overtly recognize or
support indigenous rights while emphasizing American citizenship and
economic inclusion.
Shortly after he took office, Nixon laid out a new direction in Indian
affairs. He was the first president in the modern era to affirm treaties as
the basis of the relation between American Indian communities and the
federal government. This aligned American Indian policy with history, the
legal reading of treaties, and the viewpoints of most American Indian
community members who support treaties as the legal basis of agreed
relations with the United States.
Nixon also suggested to Congress that termination policy be formally
rejected. Indian communities should enjoy their legal and historical rights
without the fear of termination. Economic success by an Indian community
should not lead to termination. Nixon rejected assimilation as the primary
focus of Indian policy, and was willing to recognize and support the
building of stronger tribal governments that would express tribal culture.
During the 1950s and in the Eisenhower administration, Nixon was vice
president. Eisenhower supported the termination policy that was orchestrated
largely by congressional House committees. Vice President Nixon probably had
little influence in Indian policy, but did not officially deny termination
policy. However, in 1970, Nixon directly challenged and dismantled the
termination policies of the Eisenhower administration. Nixon left a legacy
of self-determination policy, but presidential policies since his time have
made few conceptual improvements. Several administrations have only paid lip
service to self-determination policy. Nevertheless, Nixon's Indian policy is
the ground rule upon which every subsequent administration has had to
recognize, if not actively implement.
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