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gwd 3-15

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楼主
发表于 2004-6-20 11:59:00 | 只看该作者

gwd 3-15

  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.



Q15:


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.

  • The key is E, I choose C.

    沙发
    发表于 2004-6-20 14:42:00 | 只看该作者

    I make the same mistake as you do at my first reading.


    Because the abolishment of agreement occured in 1871, it is unnecessary for congress to sign agreement with minority at that time.


    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(formal agreements)


    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.


    To be discussed...

    板凳
     楼主| 发表于 2004-6-20 20:59:00 | 只看该作者

    C is correct because treaties are not agreements. From 1871 to the lone wolf decision, government still signed agreements,not treaties, with tribes.

    E is wrong because "a virtually unlimited unilateral power of Congress over Native American affairs." doesn't necessarily mean "Native American tribes were no longer able to challenge congressional actions by appealing to the Supreme Court."

    地板
    发表于 2004-6-21 14:28:00 | 只看该作者

    I agree with you.


    Choose E is 超越文章前提


    I think C is correct instead

    5#
    发表于 2004-6-23 05:43:00 | 只看该作者
    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.

    请注意这一句,它说明了实际上的agreement还是有的,只是更加通过法律的执行,这样看来还是E对,D错!因为变成法律了,这些印第安人就不能和联邦再争执了!

    6#
    发表于 2004-6-23 06:31:00 | 只看该作者
    I'm with tianwan and will choose C.
    C "The federal government no longer needed to conclude a formalagreement with a Native American tribe in order to carry out policydecisions that affected the tribe." is almost a repeat of this passae sentence
    "shortly after Lone Wolf, the federal government totally abandonednegotiation and execution of formal written agreements with Indiantribes as a prerequisite for the implementation of federal Indianpolicy. "
    There is no mentioning of Native American's ability to challenge Congress in the Supreme Court  in the passage.
    7#
    发表于 2004-6-25 15:21:00 | 只看该作者

    我也选C.

    另外,这里面的名词谁能讲解一下.

    我知道Congress包括the House和the Senate.

    但是,还有几个机构之间的关系和他们的关系又如何呢?   chamber, the federal government, the Super Court.

    请指教.谢谢!

    8#
    发表于 2004-6-25 15:23:00 | 只看该作者

    Q14:

    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                     

    1. point out that this episode in Native American history has received inadequate attention from scholars
    2. 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
    3. challenge the validity of the Supreme Court’s decision confirming the unlimited unilateral power of Congress in Native American affairs
    4. 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

    我选A.为什么不对.答案是E.

    9#
    发表于 2004-6-26 01:39:00 | 只看该作者
    The author does not make any claim that this episode has not receivedany adequate attention.  If you choose A, you have to askyourself, has the author claimed so?
    10#
    发表于 2004-7-1 14:10:00 | 只看该作者

    Q15 I choose C.

    Coolgirl的假设不正确,成为了法律,就不能challenge了吗?这点文中没有提到。

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