Name- Adoptive Couple V. Baby Girl
Participatory Democracy (Rule of law, Separation of power, federalism)
Applicable Constitutional Amendments and Justifications
Branches of Government? Department and Agencies? Sate Gov?
ICWA and its History
Mixed Economy
Explore the public, private, and nonprofit dimensions of the economic life of a Native American reservation
Case Precident
Locate relevant cases that lead to this one throughout the 19th, 20th, and 21st centuries
Cultural
Family Values
Media Depiction, Framing, and imagery
Attitudes about race, gender, and/or social class
The Cherokee v The State of Georgia "Does the state of Georgia have the authority to regulate the intercourse between citizens of its state and members of the Cherokee Nation?" The Supreme Court ruled in favor of the the Cherokee nation and stated that it was up to the Cherokee to rule and govern their own selves, and that the state of Georgia had no authority to govern in Cherokee land.
In the Supreme Court case Bryan v. Itasca County ruled in favor of the Native American Bryan who was being taxed for his mobile home which was stationed on an Indian reservation, and the Supreme Court ruled that this was unruly.
This case feel under the Bureau of Indian Affairs (BIA) which is under the Department of Interior which fall under the Executive branch
ICWA was created in 1978, and protects Native American families and keeps them together because of the fact that 25%-35% of Native American children were being displaced
The 7th amendment guaranteed Dustin and the baby's adoptive parents the right to a jury.
The 6th amendment guaranteed Dustin a speedy trial.
Some Native American reservations have casinos to raise money to maintain and better their reservation.
Through the BIA, the government sends checks to the reservation (not individuals) to help fund the reservations
When the girl's mother put up her daughter for adoption, she was listed as Hispanic rather than Native American, so this was a concern whether ICWA included this child
In the media cover of this case, the news company clearly shows Dustin to be the "bad guy" in the situation.
The media took advantage of the fact that there was a misunderstanding regarding Dustin's legal rights to the baby and made it seem like gave away his child on purpose and tried to take her back a few years later.
Dustin had sign away his parental rights without fully knowing due to the fact that he was in the army
The Adoptive parents eventually won the case because they were at the time the legal guardians of the little girl, and Dustin had signed away his parental rights.