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In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United

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Re: In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United  [#permalink]

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New post 28 Apr 2017, 04:39
In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United States Supreme Court rejected the Line efforts of three Native American tribes to prevent the opening of tribal lands to non-Indian settlement without tribal consent. In his study of the Lone Wolf case, Blue Clark properly emphasizes the Court’s assertion of a virtually unlimited unilateral power of Congress (the House of Representatives and the Senate) over Native American affairs.

But he fails to note the decision’s more far-reaching impact: shortly after Lone Wolf, the federal government totally abandoned negotiation and execution of formal written agreements with Indian tribes as a prerequisite for the implementation of federal Indian policy. Many commentators believe that this change had already occurred in 1871 when following a dispute between the House and the Senate over which chamber should enjoy primacy in Indian affairs—Congress abolished the making of treaties with Native American tribes. But in reality, the federal government continued to negotiate formal tribal agreements past the turn of the century, treating these
documents not as treaties with sovereign nations requiring ratification by the Senate but simply as legislation to be passed by both houses of Congress.
The Lone Wolf decision ended this era of formal negotiation and finally did away with what had increasingly become the empty formality of obtaining tribal consent.

Passage summary
P1:- About decision in the case of Lone Walk and Blue Clark' study.
P2 :- About decision's far reaching impact. (Note by reading 1st line of P2 we may think that author will explain about Blue Clark’s study in this paragraph, but in last line it is clear that author is still talking about decision.)

By passage summary we can pre-think that author is discussing about decision.
The author of the passage is primarily concerned with

A. identifying similarities in two different theories (not theories)
B. evaluating a work of scholarship ---( Yes author put some light on a Work of Blue Clarke but this not the primary purpose.)
C. analyzing the significance of a historical event ---- Correct align with pre-think.
D. debunking a revisionist interpretation
E. exploring the relationship between law and social reality


--------------------------------------***********************---------------------------------

According to the passage, which of the following was true of relations between the federal government and Native American tribes?

Background - Answer will be explicitly mention in the passage.
Congress abolished the making of treaties with Native American tribes. But in reality, the federal government continued to negotiate formal tribal agreements past the turn of the century.

A. Some Native American tribes approved of the congressional action of 1871 because it simplified their dealings with the federal government.
B. Some Native American tribes were more eager to negotiate treaties with the United States after the Lone Wolf decision.
C. Prior to the Lone Wolf decision, the Supreme Court was reluctant to hear cases involving agreements negotiated between Congress and Native American tribes.
D. Prior to 1871, the federal government sometimes negotiated treaties with Native American tribes.
E. Following 1871, the House exercised more power than did the Senate in the government’s dealings with Native American tribes.


--------------------------------------***********************---------------------------------

As an element in the argument presented by the author of the passage, the reference to Blue Clark’s study of the Lone Wolf case serves primarily to

Background - This role type question( IN CR) -- If we read 2nd paragraph we can find that with reference of his study author picking up new view and discuss.

A. point out that this episode in Native American history has received inadequate attention from scholars
B. support the contention of the author of the passage that the Lone Wolf decision had a greater long-term impact than did the congressional action of 1871
C. challenge the validity of the Supreme Court’s decision confirming the unlimited unilateral power of Congress in Native American affairs
D. refute the argument of commentators who regard the congressional action of 1871 as the end of the era of formal negotiation between the federal government and Native American tribes
E. introduce a view about the Lone Wolf decision that the author will expand upon


--------------------------------------***********************---------------------------------

According to the passage, which of the following resulted from the Lone Wolf decision?

Background -1st line of p2- Impact: shortly after Lone Wolf, the federal government totally abandoned negotiation and execution of formal written agreements with Indian tribes as a prerequisite for the implementation of federal Indian policy.
and last line of p2 - The Lone Wolf decision ended this era of formal negotiation and finally did away with what had increasingly become the empty formality of obtaining tribal consent.

A. The Supreme Court took on a greater role in Native American affairs.
B. Native American tribes lost their legal standing as sovereign nations in their dealings with the federal government, but their ownership of tribal lands was confirmed.
C. The federal government no longer needed to conclude a formal agreement with a Native American tribe in order to carry out policy decisions that affected the tribe. ---Align with last line of p2.
D. The federal government began to appropriate tribal lands for distribution to non-Indian settlers.
E. Native American tribes were no longer able to challenge congressional actions by appealing to the Supreme Court.

Please share your doubt , if any.
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Re: In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United  [#permalink]

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New post 06 Nov 2017, 08:07
Nightmare007 wrote:
saintlychik wrote:
According to the passage, the congressional action of 1871 had which of the following effects?

(A) Native American tribal agreements were treated as legislation that had to be passed by both houses of Congress.
(B) The number of formal agreements negotiated between the federal government and Native American tribes decreased.
(C) The procedures for congressional approval and implementation of federal Indian policy were made more precise.
(D) It became more difficult for Congress to exercise unilateral authority over Native American affairs.
(E) The role of Congress in the ratification of treaties with sovereign nations was eventually undermined.

OA : A .

thx guys. but i really dnt understand this one. I chose a B. got it all wrong!
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Hi in the last paragraph last 2-3 sentences you will see that just bill passing is done with both the houses . I hope you liked the answer . If so Hit kudos :)


Hi,
I am facing difficulty with this question. Isn't the question asking what happened after the dispute of 1871 and, thus after 'Congress abolished the making of treaties with Native American tribes' ?
"Native American tribal agreements were treated as legislation that had to be passed by both houses of Congress"- wasn't this prior to the congressional action of 1871 ?

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Re: In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United  [#permalink]

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New post 06 Nov 2017, 11:05
9mins; Q3 wrong....rest all correct. Darn it!!
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Re: In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United  [#permalink]

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New post 09 Aug 2018, 20:07
Nightmare007 wrote:
saintlychik wrote:
According to the passage, the congressional action of 1871 had which of the following effects?

(A) Native American tribal agreements were treated as legislation that had to be passed by both houses of Congress.
(B) The number of formal agreements negotiated between the federal government and Native American tribes decreased.
(C) The procedures for congressional approval and implementation of federal Indian policy were made more precise.
(D) It became more difficult for Congress to exercise unilateral authority over Native American affairs.
(E) The role of Congress in the ratification of treaties with sovereign nations was eventually undermined.

OA : A .

thx guys. but i really dnt understand this one. I chose a B. got it all wrong!
:-(

P

Hi in the last paragraph last 2-3 sentences you will see that just bill passing is done with both the houses . I hope you liked the answer . If so Hit kudos :)





If this was an inference question than would the answer be option E ?
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Re: In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United  [#permalink]

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New post 09 Aug 2018, 21:44
Shahzad hassan wrote:

If this was an inference question than would the answer be option E ?


The author mentions treaties with sovereign nations to compare with the treaties with native tribes. The author doesn't really talk in depth about treaties with sovereign nations. Hence option E would not make an inference.
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Re: In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United &nbs [#permalink] 09 Aug 2018, 21:44

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