Reservation About Reservations: A Political History of Congress’ Regulation of the Native Tribes of Oklahoma

Congress did not correctly disestablish the Native American reservations in what is now the State of Oklahoma at the time of its rise to statehood according to the test created by the Supreme Court in Solem v. Bartlett (1984). This test requires that the Legislature include specific cession language in its enactments. This paper will examine the laws on the Oklahoma reservations. This examination will be used to argue that although Congress’ management of the First Nation peoples living in these enclaves may appear destructive by modern interpretations, none of the legislation formally terminated this area’s reservation status according to Supreme Court precedent