In its 1903 decision in the case of Lone Wolf v. Hitchcock, the United States
Supreme Court rejected the efforts of three Native American tribes
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 of a virtually
unlimited unilateral power of Congress (the House of
Representatives and the Senate) over Native American
affairs.
But he fails to note the decision’s more far-reaching
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 implementation 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 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 negotiate formal
tribal agreements past the turn of the century, treating these
documents not as treaties with sovereign nations requiring
ratification by the Senate but simply as legislation to be 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 obtaining tribal
consent.(221 words)
Q1: The author of
the passage is primarily concerned with
A.
identifying similarities in two
different theories
B.
evaluating a work of
scholarship
C.
analyzing the significance of a
historical event
D.
debunking a revisionist
interpretation
E.
exploring the relationship between
law and social reality
解析:主旨题,利用套路模式。文章是现象解释型
A.
theories 排掉
B.
scholarship 排除
C.
正确,谈到了LW带来的一系列影响
D.
debunking语气过于强烈,另外没有谈到revisionist interpretation
E.
范围过大
Q2: According to the passage, which of the following
resulted from the Lone
Wolf decision?
A.
The Supreme Court took on a greater
role in Native American affairs.
B.
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.
C.
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.
D.
The federal government began to
appropriate tribal lands for distribution to non-Indian
settlers.
E.
Native American tribes were no longer
able to challenge congressional actions by appealing to the Supreme
Court.
解析:直接事实题
定位But he fails to note the decision’s
more far-reaching 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 implementation of federal Indian
policy.
句子主语是federal government
,所以只有C和D可以选择。选C。
Q3: According to the passage, the congressional action
of 1871 had which of the following effects?
A. Native American tribal agreements were treated as
legislation that had to be passed by both houses of
Congress.
B. The number of formal agreements negotiated between
the federal government and Native American tribes
decreased.
C. The procedures for congressional approval and
implementation of federal Indian policy were made more
precise.
D. It became more difficult for Congress to exercise
unilateral authority over Native American
affairs.
E. The role of Congress in the ratification of
treaties with sovereign nations was eventually
undermined.
解析:直接事实题
定位But in reality the federal government
continued to negotiate formal tribal agreements past the turn of
the century, treating these documents not as treaties with sovereign nations requiring
ratification by the Senate but simply
as legislation to be passed by both houses of
Congress.
A. 正确;
B. The number of formal agreements
...decreased相反
C. The procedures
... more precise 无
D. It became more difficult
无+反
E. The role of
Congress ...was eventually
undermined无+反
Q4: According to the
passage, which of the following was true of relations between the
federal government and Native American
tribes?
A.
Some Native American tribes approved
of the congressional action of 1871 because it simplified their
dealings with the federal government.
B.
Some Native American tribes were more
eager to negotiate treaties with the United States after the
Lone Wolf
decision.
C.
Prior to the Lone Wolf decision, the Supreme
Court was reluctant to hear cases involving agreements negotiated
between Congress and Native American tribes.
D.
Prior to 1871, the federal government
sometimes negotiated treaties with Native American
tribes.
E.
Following 1871, the House exercised
more power than did the Senate in the government’s dealings with
Native American tribes.
解析:取非题
shortly after Lone Wolf,
the federal government totally
abandoned negotiation and execution of formal written agreements
with Indian tribes as a prerequisite
for the implementation of federal Indian policy.
A.
一些印第安部落赞同1871国会的法案,因为它简化了和联邦政府之间的事务
B.
在LW之后,一些印第安部落更渴望和美国协商条款
C.
在LW之前,最高法院不情愿审理有关国会和印第安部落协商的协议
D.
在1871之前,联邦政府有时和印第安部落协商条款
E.
在1871后,众议院在处理政府和印第安部落时比参议院权利大
Q5: 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
A.
point out that this episode in Native
American history has received inadequate attention from
scholars
B.
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
C.
challenge the validity of the Supreme
Court’s decision confirming the unlimited unilateral power of
Congress in Native American affairs
D.
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
解析:举例作用题
例子服务对象:Blue Clark properly emphasizes
the Court’s assertion of a virtually unlimited unilateral power of
Congress (the House of Representatives and the Senate) over Native
American affairs. But he fails to note
the decision’s more far-reaching impact:
A.
指出这件事情在印第安历史上还没有受到学者足够的关注
B.
支持LW比1871国会的行为影响更大的观点
C.
挑战最高法院关于国会对印第安事务无限制的单方面权利的判定
D.
反对将1871国会行为看作是联邦政府和印第安部落正式协商终结的观点
E.
介绍一个关于LW的观点,作者后面详细论述
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