The Constitution: American Indians' Plight

The treatment of American Indians during the drafting of the US Constitution was complex and varied. While they are mentioned only three times in the Constitution, the Founding Fathers had deep familiarity with Native nations, with some like Benjamin Franklin and Thomas Jefferson negotiating and studying their systems of governance. Native nations were considered sovereigns with a direct relationship with the federal government, and their tribal laws, treaties, and special federal Indian legislation governed their affairs. However, they were generally treated as outside the American body politic, not taxed, and not considered citizens. Over time, the federal government's power over Indian affairs increased, and Native Americans were forced to sign treaties and move to reservations. The issue of citizenship for Native Americans was not fully resolved until 1924 with the Indian Citizenship Act.

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American Indians were not considered US citizens

American Indians were mentioned only three times in the US Constitution, and they were not considered citizens of the United States. The phrase "Indians not taxed" described their status at the time the Constitution was written. They were not taxed because they were generally treated as outside the American body politic, and their affairs were governed by tribal laws, treaties with the US, and special federal Indian legislation.

The US Constitution empowered Congress to "regulate commerce with foreign nations, and among the several States, and with the Indian tribes." This power, combined with the necessary and proper clause of Article I and the supremacy clause of Article VI, formed the foundation of a complex structure of federal, state, and tribal relations. The federal government's power over Indian affairs was extensive and preemptive of state power.

The federal government used treaties as a means to displace Indians from their tribal lands, and Congress's power to make war was also invoked in the early years of dealing with the Indians. In the 19th century, the courts called the federal power "plenary," and it was not until 1924 that all native-born Indians who had not already been made citizens by federal statute were naturalized. On June 2, 1924, President Calvin Coolidge signed into law the Indian Citizenship Act, which marked the end of a long debate and struggle over full birthright citizenship for American Indians.

Even after the Indian Citizenship Act, American Indians continued to face barriers to voting and other forms of discrimination. As late as 1948, two states had laws that barred many American Indians from voting, and they faced similar obstacles to those faced by blacks, such as Jim Crow-like tactics and poll taxes, until the passage of the Civil Rights Act of 1965.

The US government used treaties to displace Indians from their land

The United States Constitution mentions Indians only three times, and they were generally treated as outside the American body politic. They were not considered citizens and were not governed by federal and state legislation. Instead, their affairs were governed by tribal laws, treaties with the United States, and special federal Indian legislation.

The US government used treaties as a means to displace Indians from their tribal lands, a mechanism that was strengthened with the Removal Act of 1830. This act established a process by which the President could grant land west of the Mississippi River to Indian tribes that agreed to give up their homelands. Financial and material assistance was offered as an incentive for tribes to relocate.

During the presidency of Andrew Jackson (1829-1837), he and his followers persuaded, bribed, and threatened tribes into signing removal treaties and leaving the Southeast. By the end of his presidency, Jackson had signed into law almost seventy removal treaties, resulting in the relocation of nearly 50,000 eastern Indians to Indian Territory.

The Indian Removal Act of 1830 was preceded by early treaties in which Indian tribes acknowledged themselves "to be under the protection of the United States of America, and of no other sovereign whosoever." This set a precedent for the systematic removal of Indians from their lands.

The US government's use of treaties to displace Indians from their lands ended in 1871 when the House of Representatives ceased to recognize individual tribes within the US as independent nations capable of contracting with the US through treaties. However, the government's power over Indian affairs remained extensive, and the federal authority has been described as a general police power, comparable to Congress's power over the District of Columbia and the territories.

It wasn't until 1924 that all native-born Indians were granted citizenship through the Indian Citizenship Act. Even after gaining citizenship, Native Americans continued to face barriers to voting and other forms of discrimination.

Indians were subject to federal statutes, including tax laws

The treatment of American Indians during the constitution is a complex and multifaceted topic. While Indians are only mentioned explicitly three times in the Constitution, the Supreme Court has since developed an extensive body of law defining the status of Indians and tribes within the federal system.

One aspect of this complex relationship is the subject of federal statutes, including tax laws. Indians were considered subject to federal statutes and taxation, except where special Indian legislation or treaties provided exemptions. The phrase "Indians not taxed" in Article I of the Constitution did not signify a grant of tax exemption but rather described the status of Indians at the time the Constitution was drafted. Indians were generally not taxed because they were seen as outside the American body politic and were not considered citizens of the United States.

However, as the relationship between the federal government and Indian tribes evolved, the interpretation of taxation and the rights of Indians changed. By 1940, the Department of Interior officially acknowledged that there were no longer any Indians who could be considered "Indians not taxed." This shift reflected the changing legal status of Indians, particularly after the ratification of the Fourteenth Amendment in 1868, which conferred citizenship on all persons born or naturalized in the United States.

It is important to note that the taxation status of Indians also intersects with the concept of tribal sovereignty. Federally recognized tribes are considered sovereign legal entities, akin to state governments, and possess the right to self-government, including the power to tax. While tribal lands are generally exempt from state jurisdiction and taxation, there have been instances where specific allotments of land became subject to state and local taxation when they were taken out of trust. Additionally, in cases where tribes possess land in multiple countries, they are subject to the laws of each respective country.

In summary, while Indians were considered subject to federal statutes and taxation, the dynamic nature of their relationship with the federal government, the recognition of tribal sovereignty, and the changing legal landscape have all contributed to a complex and evolving taxation status for American Indians.

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Congress's power to make war was invoked in dealing with Indians

The United States Constitution mentions Indians only three times. However, the Supreme Court has developed a vast body of law defining the status of Indians and tribes in the federal system.

Congress's power to make war was invoked in the early years of dealing with the Indians. This power, in combination with the necessary and proper clause of Article I and the supremacy clause of Article VI, has been the foundation of a complex structure of federal, state, and tribal relations. The federal government's power over Indian affairs is extensive and preemptive of state power.

In the nineteenth century, the federal power was referred to as "plenary," and challenges to its exercise were labelled political questions. This federal authority is a general police power, comparable to Congress's power over the District of Columbia and the territories.

The Indian Removal Act of 1830, passed by the United States Congress, stipulated the relocation of Indians out of Florida and other southeastern states, and resulted in the forced removal of Indian tribes east of the Mississippi River to the west, particularly Indian Territory, which became Oklahoma. This act neither authorized the unilateral abrogation of treaties guaranteeing Native American land rights within the states nor the forced relocation of the eastern Indians. Yet, both occurred on a massive scale.

In the early treaties negotiated between the federal government and the Indian tribes, the latter typically acknowledged themselves "to be under the protection of the United States of America, and of no other sovereign whosoever."

Congress was given the explicit power to regulate commerce with Native Americans and to enter into treaties with them. In 1800, Congress adopted "An Act for the preservation of peace with the Native American tribes," which limited First Amendment speech and press freedoms as a way of suppressing Native American criticism of U.S. policies and preventing Europeans from stirring them to action.

The issue of American Indian birthright citizenship was settled in 1924 with the Indian Citizenship Act, which conferred citizenship on all American Indians. However, this act did not offer full protection of voting rights to Indians, and they continued to face barriers to voting until the passage of the Civil Rights Act of 1965.

The Indian Citizenship Act of 1924 granted citizenship to Indians

The treatment of American Indians during the constitution has been a complex and often contentious issue. Indians are mentioned only three times in the Constitution, and their status was ambiguous, to say the least. The phrase "Indians not taxed" in Article I of the Constitution excluded them from the voting population, and they were generally treated as outside the American body politic. They were governed by tribal laws, treaties with the United States, and special federal Indian legislation.

The Indian Citizenship Act of 1924 was a landmark piece of legislation that granted citizenship to Indians. On June 2, 1924, President Calvin Coolidge signed the Act into law, marking the culmination of a long debate and struggle over full birthright citizenship for American Indians. The Act stipulated that "all non-citizen Indians born within the territorial limits of the United States be, and they are hereby, declared to be citizens of the United States". This grant of citizenship applied to about 125,000 of the 300,000 Indigenous people in the United States at the time.

The Indian Citizenship Act of 1924 was significant because it regularized the U.S. citizenship status of all Native Americans by birthright. Prior to this Act, Native Americans had been denied citizenship in the United States Constitution and later through the 14th Amendment, which granted citizenship to all persons born or naturalized in the United States but excluded most Native Americans due to interpretations of the amendment. The Act ensured that all Native Americans born within the United States had citizenship, bringing them under the rights and protections afforded to citizens.

However, it is important to note that the Indian Citizenship Act of 1924 did not grant full citizenship rights to Native Americans. While it conferred citizenship, it did not provide automatic voting rights, and Native Americans continued to face barriers to voting and other privileges of citizenship. States justified discrimination and voting exclusion based on various factors, including Indian exemption from real estate taxes, maintenance of tribal affiliation, and the notion that Indians were under guardianship. It would take decades and continued legal struggles for Native Americans to gain equal voting rights and full access to the privileges of citizenship.

The Indian Citizenship Act of 1924 was a significant step forward in recognizing the rights of Native Americans and bringing them under the legal protections of citizenship. However, the ongoing struggle for equal rights and the need for continued legal interventions highlight the complexities and challenges faced by Native Americans even after the passage of this Act.

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