Book Analisis Essay on The Trust Doctrine

Introduction

The book chapter on the "Trust Doctrine" provides an in-depth analysis of the underlying challenges that the societies face in their attempts to find a common law that protects their rights and liberate them from any sort of bondage. This book tries to unearth some of the underlying challenges in relation to beneficiary management. The 'Trust Doctrine" therefore, is the illusion that we reported by legal authorities (Wilkins & Lomawaima, 2001). It indicates the extent to which the Federal has become the de facto source of very large and unstrained federal power that regulates the very existence of tribal existence. The trust that the society has put on the federal legislators through the "trust Doctrine" points to almost tyrannical management and conduction of the very right of the citizens in line with the social experience.

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The politics of American society form the book Uneven Ground shows a steadily increasing tendency in the elementary understanding and protection of human rights in the light of the protection of the Indian lands and resources. The Federal government became way too much in as far as even distributing the Indian lands among themselves and to those persons that they perceived to be loyal to the Federal rules. The federal government even imposed the criminal jurisdiction over the tribal members in a way that they deemed befitting of the status of recognition among the tribal members. They had the powers to even dissolve the tribal governments and to replace them with what they saw as more meaningful in their personal perceptions. The "trust doctrine" therefore, proved to be the untamed authoritative tendency of the federal rule and the senseless control and neglect of the fundamentals of human rights and demands at large (Wilkins & Lomawaima, 2001). The thirst for control, dominance, and exertion of pressure and application of brutal power over the general citizenry to the detriment of the entire Indian society was a typical exemplification of the "trust doctrine".

The "trust doctrine" was based on the element of "non-beneficial" theory. This was in a way that the federal laws and powers were seen to surpass and ignore the powers of the society at large and totally ignored the elementary understanding of the power agreement that existed between the United States and the Sioux Nations in 1980). The U.S attorney made it legal for the federal leadership to dispose of the Indian land and to replace it with what they deemed fit for themselves. In other contexts, the land disposal would be done at the behest of the Indian tribe and none of their approval would be needed (Wilkins & Lomawaima, 2001). This disposal would be done in total disregard of the power of the eminent domain. The American Constitution recognized the Indian tribe as sovereigns with the right to own property and to trade just like any other tribe. However, the Federals did not seem to care about all this; advancing their selfish interests and the greed to dispose and enjoy the land rights that neither did nor even belong them. The constitution in connection to the "trust doctrine' does not say anything about the tribes as independent or dependents on the land; it neither mentions the ability of the tribes or their inability to alienate the respective land.

According to the book Uneven Ground the nonbeneficial theory of the "trust doctrine" states that trust does not just fly on the face of the trial "will" it attempts to rewrite the Constitution about the ownership of land and the societal resources. There, however, was no restraint on the expression of the federal powers or the respect of human rights. The "trust doctrine" emanates from the unequal relationship between the Indian tribe and the United States (Wilkins & Lomawaima, 2001. There was a feeling that the Indians were not treated with dignity and respect befitting their status and independent citizens of the land. The Federal government emerges as the sole dictators and the absolute determinants of the survival of the Indian tribe. According to the principality of the "trust doctrine," the federals were meant to ensure the survival of the Indians, they were broadly needed to protect and enhance the people, property, and self-government of the Indian tribe as a whole. However, in their writing, the trust barely exists because the trustees of the land failed to meet their expectations; in fact, they abused the very people that they were supposed to protect and guide as their duty.

The accountability of the federal government towards the public forms the greatest backbone of federal governance. Te trust violations and the overall abuse of human rights by the trustees set the stage for the anti-trust crusaders who fought hard to restore sanity and continue the influence of the development of the Indian law (Wilkins & Lomawaima, 2001). Even the pro-trust people do not dispute the fact that the federal government has been seen to exert too much pressure and stress on the Indians, which is against the principality of accountability and respect for human rights with extraordinary powers to wield on the management of the tribal land resources as well as the human rights.

The establishment of the Trade and Intercourse Act 1970 articulated the federal responsibilities towards tribe. In this case, therefore, it is mandatory that the federal states must be in a pole position to ensure that the federal government, had the consent to control, sell or manage the tribal lands, this was additional to ensure that the citizens and the landowners were aid for every land that was sold since that was part of their tights that needed to be protected as stipulated in the American constitution. Much as the federal governments operated within the legal domains to ensure that they controlled the public land, it was very clear that the tribal land would not be sold to anyone else other than the federal government itself.

However, the violation of the "trust doctrine" continued to the point where the American Indian Trust Fund Management Reform Act that was enacted way later in 1994 stipulated that the American trust fund must be able to provide a clear and well read account balance of the trust funds for the Indian tribe. The management also was responsible for ensuring that the government of the day had a cordial relationship with all the native tribes of the American society (Wilkins & Lomawaima, 2001). This was a way of ensuring that the society operated within the domain of the contractual system of governance. The Beneficial and the legally binding interpretation of the trust were not limited to the operation of the Indian laws. The overall interpretation of the "trust doctrine' therefore was pegged on clear and peaceful coordination of the tribal affairs in the American Indian tribes.

References

Wilkins, D. E., & Lomawaima, K. T. (2001). Uneven ground: American Indian sovereignty and federal law. University of Oklahoma Press.