It all began in 1918...

I left my previous post describing the penalties and prison time for something as simple as possessing an eagle feather. I even mentioned that the Migratory Bird Treaty Act was one of the first environmental laws in the U.S. But, why is this?

 It all began in 1918.Migratory birds species became threatened due to a blossoming commercial trading industry of birds and bird feathers. After conventions with Great Britain and on behalf of Canada, the Migratory Act passed. Later Mexico (1936), Japan (1972), and Russia (1976) followed suit with similar laws with the United States. The Act was considered constitutional because as lawyer Louis Marshall put it, “If Congress possessed plenary powers to legislate for the protection of the public domain, then it had to take into account all possibility for such protection.” Migratory birds are pivotal keystone species in keeping ecosystems stable. Marshall called migratory birds “natural guardians” against “hostile insects” which would “result in the inevitable destruction" of “both prairie and forest lands.” Thus, the Supreme Court solidified the federal government’s environmental responsibilities.

As native birds were finally receiving recognition for their contributions to society, Native Americans were not so lucky in the legislature. The early twentieth century saw the rise in Native American boarding schools run primarily by Christian missionaries. Native American children were forbidden to speak their own languages and learn about their own cultural and religious history. The children were taught Christianity and experienced sexual, physical and mental abuse (documented trauma cases from 1920 up until 1960 prove this). Because of these institutions, there was a remarkable loss of culture in Native American communities.

Today, the right to revive Native American languages, ceremonies and traditions is so fiercely protected because of the great loss many experienced in the nineteenth and twentieth centuries in the United States.   

CG