Native Americans' Influence On The Us Constitution

The US Constitution, signed in 1787, was influenced by the democratic political theories and principles of the tribal political entities that neighboured the fledgling U.S. government. The Iroquois Confederacy, a powerful tribal government in upstate New York, is often cited as a key influence on the Founding Fathers, who were familiar with Native nations and had negotiated treaties and engaged in diplomatic relations with them. The Iroquois Confederacy's multi-state government, which maintained individual governance for each nation, was of particular interest to the Founding Fathers, who admired their federalist principles. Benjamin Franklin, for example, was closely involved in negotiating and printing treaties with the Iroquois Confederacy and studied their systems of governance.

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Influence of the Iroquois Confederacy

The Iroquois Confederacy, also known as the Haudenosaunee Confederacy, was a powerful influence on the US Constitution. The confederacy was a union of six nations: the Mohawks, the Onondaga, the Cayuga, the Oneida, the Seneca, and the Tuscarora. Each of these nations maintained its own individual governance while also being part of a multi-state government. This "stacked-government" model, as Donald A. calls it, is thought to have influenced the thinking of the constitutional framers.

The Iroquois Confederacy was a long-standing democracy, and the most democratic form of government that any of the convention members had personally encountered. The constitutional framers viewed the indigenous people of the Iroquois Confederacy as inferior, but they admired their federalist principles. The Iroquois Confederacy's government separated military and civil leadership, guarded certain personal freedoms, including freedom of religion, and included somewhat democratic policies for referendums, vetoes, and recalls. Most importantly, the Iroquois gave women a large role in government, something that didn't occur in the US for over a century.

The influence of the Iroquois Confederacy on the US Constitution was formally acknowledged in a 1988 resolution passed by Congress. This resolution also reaffirmed the continuing government-to-government relationship between Indian tribes and the United States established in the Constitution. Benjamin Franklin was closely involved in negotiating and printing treaties with the Iroquois Confederacy and studied their systems of governance. Thomas Jefferson also studied and expressed admiration for Native systems of government.

The Iroquois Confederacy's Great Law of Peace, established in 1142, included Chiefs, Clan Mothers, and Faith Keepers, who formed the regulatory bodies of the confederacy. The bicameral nature of this system, with a Grand Council of Chiefs and sections of Elder and Younger Brothers, is similar to the US Congress. The Clan Mothers, who were selected by consensus and served for life, have been compared to a high court with the authority to remove council members.

Benjamin Franklin's involvement with Native nations

While the US Constitution was influenced by a variety of ancient and contemporary European political philosophies, it is important to acknowledge the impact of Native American systems of governance on its framers. The Founding Fathers were familiar with a range of Native American political entities, and some, like Benjamin Franklin, were closely involved in negotiating and printing treaties with Native nations.

Benjamin Franklin was impressed by the governance of the Iroquois Confederacy, a powerful confederacy of tribal nations in upstate New York. Franklin admired the Iroquois system for its consensus-based decision-making and lack of forceful control. He described their government in one of his essays:

> "For all their government is by the Council or advice of the sages; there is no force, there are no prisons, no officers to compel obedience, or inflict punishment. Hence they generally study oratory; the best speaker having the most influence."

Franklin also noted the sense of courtesy in Iroquois Council meetings and compared them favourably to the raucous nature of the British House of Commons. He was so influenced by the Iroquois that he advocated for the American forces to adopt Indian modes of warfare.

In addition to his admiration for their governance, Franklin also praised Native American food, particularly corn, which he considered "one of the most agreeable and wholesome grains in the world."

Beyond his interactions with the Iroquois Confederacy, Franklin was the Founding Father most influenced by Native Americans. He was able to bridge the gap between European ideas and the realities of the colonies, drawing on Native American governing systems and philosophies. Franklin's involvement with Native nations and his study of their systems of governance had a lasting impact on the development of the United States and its democratic principles.

Native American nations as democratic influences

Native American nations have had a significant influence on the development of the US Constitution, particularly in shaping the country's democratic principles and practices. The Founding Fathers who signed the Constitution were familiar with Native nations, having negotiated treaties and engaged in diplomatic relations with them. One of the most well-known examples of Native American influence is the impact of the Iroquois Confederacy on the constitutional framers' thinking.

The Iroquois Confederacy, which consisted of the Mohawks, Onondaga, Cayuga, Oneida, and Seneca nations, with the Tuscarora nation joining later, formed a multi-state government while maintaining their own individual governance. This stacked-government model, along with the federalist principles of the Iroquois Confederacy, intrigued the constitutional framers. Benjamin Franklin, for instance, was closely involved in negotiating and printing treaties with the Iroquois and studied their systems of governance.

In addition to the Iroquois, other Native American nations, such as the Shawnee and Cherokee, also had democratic policies and practices that may have influenced the Constitution. These nations generally separated military and civil leadership, guarded certain personal freedoms, including freedom of religion, and had referendums, vetoes, and recalls in place. While the US Constitution did not initially extend these democratic principles to all its citizens, the influence of Native American nations on the Founding Fathers' thinking is evident.

Furthermore, Native American nations had a unique relationship with the federal government, as recognised by the Supreme Court. The court acknowledged that Indian tribes constituted "denominated domestic dependent nations," operating within a limited but distinct sphere of sovereignty. This recognition led to the development of a vast body of law defining the status of Indian tribes within the federal system, including the protection of certain rights and freedoms, such as religious practices.

While the influence of Native American nations on the US Constitution is undeniable, it is important to acknowledge the complex history of bias and violence against Native Americans that may have obscured the framers' interest in their governments. The United States' treatment of Native Americans, including the denial of citizenship and voting rights, as well as the suppression of their First Amendment rights, is a stark contrast to the democratic ideals that influenced the Constitution.

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Thomas Jefferson's admiration for Native systems of government

Thomas Jefferson studied Native American systems of government and expressed admiration for them, despite incorrectly characterising 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 [sic]."

Jefferson's admiration for Native Americans is also reflected in his description of them as a noble race and innocent victims of history. He also praised the oratory skills of Logan, a Mingo chief, comparing him favourably to the classical orators Demosthenes and Cicero. Jefferson's familiarity with Native American systems of government was not unique among the Founding Fathers, many of whom had negotiated treaties or engaged in diplomatic relations with Native nations. Benjamin Franklin, for example, was closely involved in negotiating and printing treaties with the Iroquois Confederacy, and he, like Jefferson, studied their systems of governance.

The Iroquois Confederacy, in particular, is thought to have significantly influenced the US Constitution. The constitutional framers admired the federalist principles of the Iroquois Confederacy, which offered a real-life example of some of the political concepts the framers were interested in adopting. The Iroquois Confederacy was a multi-state government formed by the Mohawks, Onondaga, Cayuga, Oneida, Seneca, and later the Tuscarora nations, each of which maintained its own individual governance. This stacked-government model influenced the framers' thinking.

However, it is important to note that the constitutional framers also viewed indigenous people as inferior, and Jefferson's policies as president had a detrimental impact on Native American Nations. While Jefferson pursued a policy of binding Indigenous Nations to the United States through treaties, acquiring land, and facilitating trade, he also sought to encourage Native peoples to adopt Euro-American practices and ways of life, including debt accrual and the sale of land. Jefferson's ""civilization program" set the tone for relations with Native Americans and laid the basis for the end of most Native cultures.

Native American mentions in the Constitution

Native Americans are mentioned only three times in the US Constitution, but their influence on the document extends beyond this. The three references to Native Americans in the Constitution are in Article I and the Fourteenth Amendment, which exclude "Indians not taxed" from the counts for apportioning direct taxes and representatives to Congress among the states.

The Founding Fathers who signed the Constitution had deep familiarity with Native nations, some having negotiated treaties or engaged in diplomatic relations with them. Legal scholar Robert Miller writes that the tribal political entities that were the closest neighbours of the fledgling US government were another source of ideas for the Constitution, alongside ancient Athens and the European Enlightenment.

Benjamin Franklin, for example, was closely involved in negotiating and printing treaties with Native nations, including the Iroquois Confederacy, and studied their systems of governance. Thomas Jefferson also studied Native systems of government, expressing admiration for them, despite incorrectly characterising them as having "no law".

The Iroquois Confederacy, in particular, has been argued by historians to have wielded a significant influence on the US Constitution. The Confederacy was a multi-state government formed by six nations: the Mohawks, the Onondaga, the Cayuga, the Oneida, the Seneca, and the Tuscarora nation, which joined in around 1722. Each nation maintained its own individual governance. This stacked-government model influenced the thinking of constitutional framers.

The constitutional framers may have viewed indigenous people of the Iroquois Confederacy as inferior, but they admired their federalist principles. In 1988, Congress passed a resolution formally acknowledging the influence of the Iroquois Confederacy on the US Constitution.

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