Michael D. McNally
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9780691190907
- eISBN:
- 9780691201511
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691190907.003.0002
- Subject:
- Society and Culture, Native American Studies
This chapter offers crucial historical context and shows just how freighted the category of religion can be for Native peoples. Religion, or its absence, served as a key instrument in the ...
More
This chapter offers crucial historical context and shows just how freighted the category of religion can be for Native peoples. Religion, or its absence, served as a key instrument in the legalization of the dispossession of North America, first through the legal Doctrine of Christian Discovery, which continues to inform federal Indian law, and second through the criminalization of traditional religions under the federal Indian Bureau's Civilization Regulations from 1883 to 1934. As devastating as the regulations and their assemblage of civilization with a thinly veiled Protestant Christianity were, affected Native people strategically engaged religious freedom discourse to protect those threatened practices that they increasingly argued were their “religions” and protected under religious liberty. Even as the government and missionary sought to curb Native religious practices thought to retard civilization, Euro-Americans began in earnest to fantasize about a Native spirituality that they could collect, admire, and inhabit. But while this awakened Euro-American appreciation for Native cultures served to help lift the formal confines of the Civilization Regulations in the 1930s, it has continued to beset Native efforts to protect collective traditions.Less
This chapter offers crucial historical context and shows just how freighted the category of religion can be for Native peoples. Religion, or its absence, served as a key instrument in the legalization of the dispossession of North America, first through the legal Doctrine of Christian Discovery, which continues to inform federal Indian law, and second through the criminalization of traditional religions under the federal Indian Bureau's Civilization Regulations from 1883 to 1934. As devastating as the regulations and their assemblage of civilization with a thinly veiled Protestant Christianity were, affected Native people strategically engaged religious freedom discourse to protect those threatened practices that they increasingly argued were their “religions” and protected under religious liberty. Even as the government and missionary sought to curb Native religious practices thought to retard civilization, Euro-Americans began in earnest to fantasize about a Native spirituality that they could collect, admire, and inhabit. But while this awakened Euro-American appreciation for Native cultures served to help lift the formal confines of the Civilization Regulations in the 1930s, it has continued to beset Native efforts to protect collective traditions.
Frank Pommersheim
- Published in print:
- 2012
- Published Online:
- April 2015
- ISBN:
- 9780199915736
- eISBN:
- 9780190260262
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199915736.003.0007
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses the struggles of the US Congress in locating Indian religious practices within and without protection of the Free Exercise Clause of the First Amendment of the Constitution. It ...
More
This chapter discusses the struggles of the US Congress in locating Indian religious practices within and without protection of the Free Exercise Clause of the First Amendment of the Constitution. It takes on the issue of whether there are any notable free exercise issues involving Indians in the context of potential infringement by tribal government restrictions. The chapter also investigates the rationale behind the decision in Talton v. Mayes regarding the issue, and analyzes past procedures on how free exercise of religion were “regulated” in the eighteenth and nineteenth centuries. Additionally, it focuses on the possibility of government discrimination against traditional Indian religious practices.Less
This chapter discusses the struggles of the US Congress in locating Indian religious practices within and without protection of the Free Exercise Clause of the First Amendment of the Constitution. It takes on the issue of whether there are any notable free exercise issues involving Indians in the context of potential infringement by tribal government restrictions. The chapter also investigates the rationale behind the decision in Talton v. Mayes regarding the issue, and analyzes past procedures on how free exercise of religion were “regulated” in the eighteenth and nineteenth centuries. Additionally, it focuses on the possibility of government discrimination against traditional Indian religious practices.
Paul O. Myhre
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199732869
- eISBN:
- 9780199918522
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199732869.003.0005
- Subject:
- Religion, Religious Studies
The archival model of Undergraduate Research in the discipline focuses on the categorization and classification of information obtained in manuscript and document collections. In particular, it ...
More
The archival model of Undergraduate Research in the discipline focuses on the categorization and classification of information obtained in manuscript and document collections. In particular, it describes the archival model in the study of Native American religious practices.Less
The archival model of Undergraduate Research in the discipline focuses on the categorization and classification of information obtained in manuscript and document collections. In particular, it describes the archival model in the study of Native American religious practices.
