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Justin Meyer: Adoptive couple v. Baby girl (Participtory democrcy (Rule of…
Justin Meyer: Adoptive couple v. Baby girl
Participtory democrcy (Rule of law, seperation of powers)
ICWA & History
(Indian child welfare act)(federal Law)
-Meant to keep Indian families together
-In 1978 Native American kids on Indian reservations were being taken illegally and put up for adoption.
-The federal government placed the ICWA to stop this.
(
https://dphhs.mt.gov/CFSD/ICWA/icwahistory
)
Applicable Constitutional amendments & justifications
Amendment 6: you have the right to a fair and speedy
trial
Amendment 14: All people born in the United States are classified and given the rights of U.S citizens
Branches of Govt. Departments & agencies(Borough). State govt
The Executive Branch
-Borough of Indian affairs and education(BIA and BIE) is under of Department of the Interior.
Case precedent
Locate relevant cases that lead to this one throughout the 19th, 20th & 21st centuries
United States v. Nice(1916)
(
https://supreme.justia.com/cases/federal/us/241/591/
)
United States v. Lara(2004)
-Billy jo Lara was arrested for being intoxicated in public on the Spirit Lake Nation Reservation.
-He assaulted a Bureau of Indian Affairs official while being arrested.
-He was charged for assault by fed. govt. and tribal court. But said being charged twice goes against fifth amendment.
-The court favored Lara
Link Title
"Does the Indian Civil Rights Act (1968) give Indian tribes separate sovereignty to prosecute nonmembers (as opposed to delegating federal power to the tribes for prosecution purposes) such that prosecution in tribal and federal courts for the same crime would not violate the Fifth Amendment double jeopardy
clause?"
Mixed Economy
Explore the public, private non-profit dimensions of the economic life of a Native american
reservation.
Public-The Bureau of Indian Affairs (BIA) supplies disability or social security checks to the disabled, veterans, or retired labor workers.
Private- Casinos make up for a percentage of an Indian reservation economy. When a casino has extra profit they give it to the reservation tribal members or to the reservation.
Indian Reservations have a high amount of poverty. Unemployment is up to 85% on some reservations because of the small number of jobs available. People living on Indian reservations also have to pay federal taxes, but states taxes don't apply.
disability or social security checks to the disabled, veterans, or retired labor workers.
Cultural
Family values
-Dustin (the biological father) really cares about his daughter Veronica and wanted the best for her.
-The adoptive parents really cared for her and thinks of her as their own child.
Media depiction; Framing & Imagery
The media made the biological father seem like he was a bad person, saying "child was ripped from adopted family's hands. The media made sides, the criminal and victim without knowing backstory of case.
Attitudes about race, gender and/or social class
The court decided that ICWA doesn't apply to veronica because she is not really Native american, shes a very small percentage not enough to classify her as Indian.