ResearchGuides: Native American Indian Law Research Guide: Federal Legislative Resources

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Federal Legislative Resources

Federal Indian law concerns the legal relationship between the United States and the various Native American Indian tribes. The United States Constitution, article 1, section 8, clause 3, "The Congress shall have power...to regulate Commerce with foreign Nations, and among the several States and with the Indian Tribes." Therefore, Congress has the authority to legislate and to regulate Indian tribes. There are numerous federal statutes dealing with Indian tribes and Indian rights. The legislative resources listed in this guide serve to provide suggestions for finding and researching federal Indian law.

Documents of United States Indian Policy by edited by Francis Paul Prucha
Call Number: KF8205 .D63 1990
Publication Date: 1990
This is a collection of documents about the relationship between the United States government and Native American Indians. It includes statutes and legislative documents.
Early American Indian Documents: Treaties and Laws, 1607-1789 by general editor, Alden T. Vaughan
Call Number: KF8202 .E17
Publication Date: 1979-2004
This work includes the text of laws concerning Native American Indians passed by colonial, state and national legislatures for the years 1607-1789.
Indian Affairs: Laws and Treaties by compiled and edited by Charles L. Kappler
Call Number: KF8225 .I52
Publication Date: 1904-
Known also as the "Kappler Report," this set contains the text of US laws relating to Native American Indians from the years 1871-1970. The original 1942 edition includes a table of statutes and treaties.
Also:
Microfiche KF8225 .I52
HeinOnline (Access is restricted to members of the Marquette Community)
LLMC Digital (connect from catalog record)
Tribes, Treaties, and Constitutional Tribulations by Vine Deloria, Jr. and David Wilkins
Call Number: KF8210.C5 D45 1999
Publication Date: 1999
In this book the authors concentrate on the Constitution of the United States and its content as it applies to Native American Indians and to their lands, treaties and rights. The authors argue that the Constitution does not provide legal rights for the Indians and that treaties should govern the relationships between the federal government and Indian nations.
CONGRESSIONAL RESOURCES
Statutes
United States Code, 2012 Edition: Containing the General and Permanent Laws of the United States Enacted through the 109th Congress / United States by United States
Call Number: KF62 2006 .A2
Publication Date: 1925-
The official compilation of the federal code of laws. Most laws pertaining to Indians are codified at Title 25. Included in Title 25 are statutes dealing with Indian rights and governance, such as the Indian Reorganization Act (25 USC Sec. 461, et seq) and the Indian Civil Rights Acts (25 USC Sec. 1301-03). Other important legislation is included in other parts of the code, such as:
18 USC Chapter 53 - "Crimes and Tribal Court Jurisdiction"
28 USC Sec. 1362 - "Federal Court Jurisdiction over Civil Actions Brought by Tribes"
Also:
HeinOnline (Access is restricted to members of the Marquette Community)
govinfo
Lexis and Westlaw (username and password required)
United States Code Annotated by United States
Call Number: KF62.3 .C621
Publication Date: 1927-
The annotated volumes are commercially published and contain annotations from the courts. Title 25 of the USCA pertains to Indians.
Also:
Microfiche (KF62.3 .C621) for superseded volumes only.
Westlaw (username and password required)
United States Code Service by United States
Call Number: KF62.2 .C62
Publication Date: 1980-
Commercially published volumes contain the federal laws arranged with the section numbering of the United States Code.
25 USC "Indians"
Also:
Lexis (username and password required)
United States Statutes At Large by United States
Call Number: KF50 .U52
Publication Date: 1789-
The final authority of statutory law. Federal laws are compiled according to date.
Volume 7 contains the treaties between the United States and Indian tribes for the years 1778-1842. An index by tribe name and a chronological list of the treaties are covered in the volume. Later treaties can be found in succeeding volumes, according to date of the treaty.
Also:
HeinOnline (Access is restricted to members of the Marquette Community)
govinfo, Statutes at Large 1951-2014 (82nd-113th Cong.)
Library of Congress American Memory Project, Statutes at Large 1789-1875
Bills and Pending Legislation
Congressional Record by United States Congress
Call Number: KF35 .C663
Publication Date: 1873-
The Congressional Record is a substantially verbatim account of the remarks made on the floor of the Senate and the House of Representatives. It also includes all bills, resolutions, and motions proposed, as well as debates and roll call votes.
Also:
Microfiche (KF35 .C663) 1873-2007
HeinOnline (1873-2005) (Access is restricted to members of the Marquette Community)
HeinOnline to daily (1994- ) (Access is restricted to members of the Marquette Community)
govinfo 1994- v.140-
Congressional Serial Set/Congressional Universe by United States Congress
Call Number: KF11 .S47
Contains the House and Senate documents and the House and Senate reports.
Microfiche (1983- ) and Electronic Resource
Connect to ProQuest from catalog record
Also:
Lexis (username and password required)
ProQuest Congressional
Provides information produced by or pertaining to the United States Congress. The database includes House and Senate documents, the full text of bills and tracking and voting records. The database also provides access to the Congressional Information Service Index, Congressional Record and other services.
Indian Law News Bulletins by National Indian Law Library
Indian Law News Bulletins provide timely information about new developments in Indian law, including federal court cases. Includes links to current and archived US Supreme Court cases, Federal Court cases, Tribal Court cases, State Court Cases, US Regulatory Information, US Legislation, News & Law Review / Bar Journal Articles.
Tribal Court Clearinghouse: Pending Federal Legislation
This site by the Tribal Court Clearinghouse contains information about federal legislation as it concerns Native American Indian tribes and issues. Links are provided to a variety of sites offering resources and information on federal legislation.
Committees
United States House Subcommittee for Indigenous Peoples of the United States
As the sole subcommittee of the Natural Resources Committee, this subcommittee oversees American Indian, Alaska Native and Native Hawaiian issues in the House of Representatives. It includes the following subcommittees: Energy and Mineral Resources; National Parks, Forests, and Public Lands; Oversight and Investigations; Water, Oceans, and Wildlife; Full Committee Insular Affairs. This site includes links to related fact sheets, hearings, press releases, opinions, letters and reports.
United States Senate Committee on Indian Affairs
A permanent committee, the Senate Committee on Indian Affairs has jurisdiction to study the problems of American Indians, Native Hawaiians and Alaska native people. It is the primary congressional committee handling legislation affecting Native Americans.
Legislative History
Depending on the Indian law topic being researched, it may be necessary for the researcher to look back to the legislative historic record. For guidelines on how to conduct a federal legislative history, please see the research guide titled, "Federal Legislative History Research Guide", one in a series of guides produced by Marquette University Eckstein Law Library librarians.

In addition, sources for finding citations to legislative history documents include law review notes or comments and case law on Native American Indians. Many historical documents are searchable and may be found online. The following are examples of these resources.
American State Papers by United States Congress
Call Number: KF11 .A48
Publication Date: 1832-
Legislative and executive documents of Congress for the years 1789-1838. The "Indian Affairs" volumes (Class 2, Volumes 1 and 2) represent one of the topical series in the set.
Also:
Library of Congress American Memory Project
ProQuest Legislative Insight [electronic resource]
ProQuest Legislative Insight is a federal legislative history service that makes available thoroughly researched compilations of digital full text publications created by Congress during the process leading up to the enactment of U.S. Public Laws. Full-text publication types associated with a legislative history include the Public Law, all versions of enacted and related bills, Congressional Record excerpts, and committee hearings, reports, and documents.
United States Congressional Serial Set/Congressional Universe by United States Congress
Call Number: KF11 .S47
Contains the House and Senate documents and the House and Senate reports. Electronic legislative history search is available online from 1969 forward.
Microfiche (1983- ) and Electronic Resource
Connect to ProQuest from catalog record
Also:
Lexis (username and password required)
Library of Congress American Memory Project
United States Congressional Serial Set Index by Congressional Information Service
Call Number: KF11 .S472
Publication Date: 1975
Begins with the American State Papers (1789). Each part consists of three volumes: Subject index A-K, Subject index L-Z, and finding lists.