Malcolm Rivera
The United States Constitution has three explicit mentions of Native Americans, but the influence of Native American political thought on the document is a topic of debate. Legal scholar Robert Miller, a citizen of the Eastern Shawnee Tribe of Oklahoma, argues that the Founding Fathers were deeply familiar with Native nations, and some had negotiated treaties or engaged in diplomatic relations with them. The Iroquois Confederacy, in particular, has been cited as an inspiration for the US Constitution, with its multi-state government and maintenance of individual governance for each nation. Native Americans have had distinct histories and perspectives on the Constitution, and they have always had their own separate legal systems.
| Characteristics | Values |
|---|---|
| Native Americans as co-creators of the US Constitution | Native Americans influenced the US Constitution |
| Native American governments | Iroquois Confederacy, Cherokee, Shawnee, and other tribal governments |
| Democratic political theories | Separation of military and civil leadership, freedom of religion, democratic policies for referendums, vetoes, and recalls |
| Recognition of Native American influence | US Congress passed a resolution in 1988 |
| Native American constitutional interpretations | "Indians not taxed" in Article I of the US Constitution |
| Native American sovereignty | Tribal sovereignty and self-governance |
| Native American citizenship | Indian Citizenship Act of 1924, but with limited voting rights |
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What You'll Learn
The Iroquois Confederacy and other Native governments influenced the US Constitution
When the Constitutional Convention met in 1787 to discuss the form of government the United States should adopt, there were no contemporary democracies in Europe to draw inspiration from. The most democratic forms of government that any of the convention members had personally encountered were those of Native American nations.
Of particular interest was the Iroquois Confederacy, which historians have argued influenced the U.S. Constitution. The Iroquois Confederacy was a powerful political formation in upstate New York that united five nations: the Mohawk, Onondaga, Cayuga, Oneida, and Seneca. In around 1722, the Tuscarora nation joined the Iroquois, also known as the Haudenosaunee, bringing the total number of nations to six. The Confederacy was a multi-state government that ensured individual governance and freedoms, with each tribe handling its affairs but coming together to solve issues of common importance. The Iroquois Confederacy was a sophisticated and thriving society of well over 5,000 people when the first European explorers encountered them in the early seventeenth century.
The constitutional framers "cite the Iroquois and other Native governments as examples of [federalism]," with each tribe having autonomy over issues like marriage and divorce, while the Confederacy handled unification, mutual defence, and foreign affairs. The Iroquois Confederacy's structure also allowed each tribe to maintain its own leadership, with common causes decided by the Grand Council of Chiefs, based on peace and consensus rather than fighting.
In 1988, Congress passed a resolution formally acknowledging the influence of the Iroquois Confederacy on the U.S. Constitution. The resolution stated that the confederation of the original 13 colonies into one republic was influenced by the Iroquois Confederacy's political system, and that many democratic principles incorporated into the U.S. Constitution came from the Confederacy. This resolution reaffirmed the legitimacy and sovereignty of Native nations and their governments, recognizing the continuing government-to-government relationship between Indian tribes and the United States.
While the influence of the Iroquois Confederacy and other Native governments on the U.S. Constitution is acknowledged, it is important to note that Native peoples had their own distinct histories, views, and legal systems that were separate from Anglo-American law. Additionally, despite recognizing the merits of Native American systems of government, many of the framers still viewed Native people as inferior, demonstrating a disconnect between their admiration for Native governance and their bias and violence against Native Americans.
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Founding Fathers had deep familiarity with Native nations
The Founding Fathers of the United States Constitution had varying levels of familiarity and interaction with Native American nations. Some, like Benjamin Franklin, were closely involved in negotiating and printing treaties with Native nations, including the powerful Iroquois Confederacy. Franklin also studied their systems of governance, expressing admiration for some of their practices. Similarly, Thomas Jefferson studied Native systems of government, expressing admiration for them, despite incorrectly characterizing them as having "no law". In a letter written after the completion of the first draft of the Constitution, he wrote:
> "The only condition on earth to be compared with ours is that of the Indians, where they still have less law than we. The Europeans are governments of kites over pidgeons."
In addition to Franklin and Jefferson, other Founding Fathers had encounters with Native American nations. James Madison and George Washington shaped federal policies affecting Native Americans. While Congress promised to strive for peace "consistently with the justice and dignity of the nation", frontier settlers frequently violated treaty boundaries. The Founding Fathers' policies ultimately led to the erosion of Native American sovereignty and the spread of colonial dominance, despite constitutional promises of liberty and justice.
The Native American nations that the Founding Fathers were most familiar with were confederacies of tribal nations, including the Iroquois, Shawnee, and Cherokee. These political formations generally separated military and civil leadership and guarded certain personal freedoms, including freedom of religion. They also included somewhat democratic policies for referendums, vetoes, and recalls, and many gave women a large role in government. The Iroquois Confederacy, in particular, has been argued by historians to have wielded a significant influence on the U.S. Constitution. The constitutional framers cited the Iroquois and other Native governments as examples of federalism, noting how they managed issues like marriage and divorce at the village level, while also unifying through mutual defence and conducting foreign affairs.
In conclusion, while the Founding Fathers' familiarity with Native American nations varied, there is evidence that their interactions and observations influenced the shaping of the U.S. Constitution.
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Native Americans had their own, separate legal systems
Native Americans have had their own, distinct legal systems that are based on different principles, worldviews, authorities, and forms of recordation than Anglo-American law. The United States Constitution mentions Native American tribes three times, and the framers of the Constitution were interested in Native American governments and studied their systems of governance. However, this did not stop them from viewing Native people as inferior and taking their land.
The Iroquois Confederacy, a multi-state government formed by the Mohawks, Onondaga, Cayuga, Oneida, and Seneca, with the Tuscarora joining later, was of particular interest to the framers of the Constitution. They saw it as a real-life example of some of the political concepts they wanted to adopt, such as unification through mutual defense and the conduct of foreign affairs. The Iroquois, along with the Shawnee, Cherokee, and other political formations, generally separated military and civil leadership, guarded certain personal freedoms, and included democratic policies for referendums, vetoes, and recalls. They also gave women a large role in government, something that took over a century to occur in the US government.
The constitutional framers sought to borrow aspects of Iroquois government that enabled them to assert the sovereignty of the people over vast geographic areas. The fact that the framers looked to Native governments for inspiration is evidenced by the 1988 resolution passed by Congress, which formally acknowledged the influence of the Iroquois Confederacy on the US Constitution. This resolution also reaffirmed the continuing government-to-government relationship between Indian tribes and the United States established in the Constitution.
Despite this influence, Native Americans have faced challenges with regard to their legal systems and citizenship status in the United States. The Dawes Act of 1887, for example, offered American citizenship to Native Americans who accepted individual land grants, but it also marked a period of aggressive acquisition of Native American lands by the US government. The Indian Citizenship Act of 1924 granted citizenship to all Native Americans, but it did not offer full protection of voting rights, and some states continued to bar Native Americans from voting until the passage of the Civil Rights Act of 1965.
In terms of legal systems, Native American tribes have had their authority diminished over time by acts of the federal government. While they are not subject to the restrictions contained in the Bill of Rights or subsequent amendments, Congress has repeatedly acted to limit the scope of tribal power, such as with the Indian Civil Rights Act of 1968. Additionally, the Supreme Court has ruled on several occasions regarding tribal sovereignty, with decisions impacting areas such as the ability of tribes to arrest, try, and convict non-Natives who commit crimes on their lands, and the application of the First Amendment to Indian nations.
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Native nations debated the US Constitution
The United States Constitution was written in the name of the "People of the United States". However, many groups were excluded from the document's drafting and ratification based on race, gender, and class. Native Americans were one such group.
Native Americans had their own distinct legal systems, which were based on different principles, worldviews, authorities, and forms of recordation than Anglo-American law. These legal systems were influenced by a variety of government models, ranging from complex to simple, and from nearly autocratic to highly democratic.
Many of the Founding Fathers who signed the Constitution had deep familiarity with Native nations, with some having negotiated treaties or engaged in diplomatic relations with them. For instance, Benjamin Franklin was closely involved in negotiating and printing treaties with Native nations, including the Iroquois Confederacy, and studied their systems of governance.
The Iroquois Confederacy, in particular, has been argued by historians to have wielded a significant influence on the U.S. Constitution. The Confederacy was a multi-state government formed by the Mohawks, the Onondaga, the Cayuga, the Oneida, the Seneca, and later, the Tuscarora nation. It provided a real-life example of some of the political concepts that the framers of the Constitution were interested in adopting. For instance, the Confederacy maintained individual governance for each tribe while also forming a unified multi-state government.
Native Americans also had their own internal debates and deliberations over the Constitution. They resisted when the principles of their diplomatic constitution were challenged and experienced a post-revolutionary era of turmoil and contention. They critiqued and invoked the document as they faced removal and sought to assert their sovereignty.
In 1988, a resolution was passed by Congress that formally acknowledged the influence of the Iroquois Confederacy on the U.S. Constitution. The resolution also reaffirmed the "continuing government-to-government relationship between Indian tribes and the United States established in the Constitution", recognizing the legitimacy and sovereignty of Native nations and their governments.
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Native nations have their own constitutional rules
The United States Constitution mentions American Indians three times. Notably, Article I, Section 8, Clause 3, states that Congress has the power to "regulate commerce with foreign nations…states…and with the Indian tribes." This indicates that Congress has no more authority over Indian nations than it does over individual states.
The US Supreme Court ruled in 1978 that tribes lack the authority to arrest, try, or convict non-Natives who commit crimes on their lands. The Indian Civil Rights Act of 1968 imposed several limitations on tribal governments, such as the Bill of Rights provisions.
Despite these limitations, Native nations have their own constitutional rules and have governed themselves for generations. While some have written constitutions, others rely on oral traditions and unwritten codes of behaviour. The written constitutions of many Indigenous nations are not Indigenous products but were encouraged by the United States in the 1930s after the Indian Reorganization Act.
Native nations have distinct histories, views, and legal systems that are separate from Anglo-American law. They have their own constitutional interpretations, which are part of the pre- and post-constitutional legal heritage of the United States. For example, the Iroquois Confederacy, a multi-state government formed by six nations, has a long history of self-governance and has influenced the US Constitution.
In conclusion, while the US Constitution and legal system impose certain restrictions on Native American tribes, these tribes continue to assert their sovereignty and self-governance through their own constitutional rules and interpretations.
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Frequently asked questions
The US Constitution mentions Native American tribes three times. Native Americans have had a long history of engagement with the US Constitution, with some scholars arguing that the Founding Fathers drew inspiration from the democratic political theories of Native American governments.
Yes, they did. While European thought had an obvious influence on the US Constitution, the Founding Fathers were also inspired by the democratic political theories of Native American governments. The Iroquois Confederacy, in particular, is believed to have had a significant influence on the US Constitution.
The Iroquois Confederacy was a multi-state government that united five nations: the Mohawks, the Onondaga, the Cayuga, the Oneida, and the Seneca. The confederacy provided a real-life example of the political concepts the framers were interested in adopting in the US Constitution. The framers sought to borrow aspects of the Iroquois government, such as unification through mutual defense and the conduct of foreign affairs.
Native Americans have had a complex relationship with the US Constitution. While they influenced the founding principles of the nation, they were also subjected to discriminatory laws and policies. Native Americans were denied citizenship, voting rights, and equal protection under the law. It was not until the Civil Rights Act of 1965 that many Native Americans gained full voting rights. Today, Native American tribes continue to have inherent rights and a political relationship with the US government, with most tribes having their own written constitutions.
