Thread: lone wolf

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
(5) 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
(10) of a virtually unlimited unilateral power
of Congress (the House of Represen-
tatives and the Senate) over Native
American affairs. But he fails to note
the decision’s more far-reaching
(15) 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 implemen-
(20) tation 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
(25) 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 nego-
(30) tiate formal tribal agreements past
the turn of the century, treating these
documents not as treaties with sover-
eign nations requiring ratification by the
Senate but simply as legislation to be
(35) 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 obtain-
ing tribal consent.
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Q9:
The author of the passage is primarily concerned with

• identifying similarities in two different theories
• evaluating a work of scholarship
• analyzing the significance of a historical event
• debunking a revisionist interpretation
• exploring the relationship between law and social reality

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Q10:
According to the passage, which of the following was true of relations between the federal government and Native American tribes?

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

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Q11:
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

• point out that this episode in Native American history has received inadequate attention from scholars
• 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
• challenge the validity of the Supreme Court’s decision confirming the unlimited unilateral power of Congress in Native American affairs
• 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
• introduce a view about the Lone Wolf decision that the author will expand upon

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Q12:
According to the passage, which of the following resulted from the Lone Wolf decision?

• The Supreme Court took on a greater role in Native American affairs.
• 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.
• 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.
• The federal government began to appropriate tribal lands for distribution to non-Indian settlers.
• Native American tribes were no longer able to challenge congressional actions by appealing to the Supreme Court.

C
D
E
C