Omar Bennett
The American Constitution has had a complex relationship with the country's indigenous people. While the Constitution itself does not explicitly mention Native Americans, it does refer to Indians not taxed, who were excluded from voting and considered outside the American body politic. The interpretation of this phrase has evolved over time, and the status of Native Americans in relation to the Constitution has been influenced by various laws, treaties, and court cases. Native American systems of governance are believed to have influenced the Founding Fathers, and the Constitution has been interpreted by the Supreme Court as recognizing the sovereignty of tribal nations. The issue of Native American citizenship was not fully resolved until 1924, when the Indian Citizenship Act conferred citizenship on all Native Americans, although they continued to face barriers to voting and other rights.
| Characteristics | Values |
|---|---|
| American Indians were not taxed | American Indians were not taxed because they were treated as outside the American body politic and were not considered United States citizens |
| American Indians were not governed by federal and state legislation | Tribal laws, treaties with the United States, and special federal Indian legislation governed their affairs |
| American Indians were not considered citizens | The Fourteenth Amendment in 1868 excluded most American Indians from citizenship |
| American Indians had a unique place in citizenship matters | The Constitution's Article I stated that "Indians not taxed" couldn't be counted in the voting population of states |
| American Indians were conferred citizenship in 1924 | The Indian Citizenship Act of 1924 conferred citizenship on all American Indians, but did not offer full protection of voting rights |
| Influence on the US Constitution | The Founding Fathers were familiar with Native nations and negotiated treaties or engaged in diplomatic relations with them; they studied their systems of governance and expressed admiration for them |
| Tribal sovereignty | The Supreme Court has recognized the sovereign status of Indian tribes, and the Constitution acknowledges indigenous sovereignty and the existence of tribal nations |
Explore related products
What You'll Learn
- American Indians were not considered US citizens
- The US federal government holds extensive power over Indian affairs
- The Supreme Court recognises the sovereignty of Indian tribes
- The US Constitution has roots in tribal political entities
- The 14th Amendment excluded most American Indians from citizenship
American Indians were not considered US citizens
The United States Constitution, signed in 1787, has had a complex and often fraught relationship with American Indians. The phrase "Indians not taxed" in Article I, Section 2, excluded American Indians from being counted in the voting population of states. This exclusion was not a grant of tax exemption but rather a description of their status at the time: they were neither taxed nor governed by ordinary federal and state legislation, and they were not considered United States citizens.
The interpretation of the 14th Amendment, ratified in 1868, immediately excluded most American Indians from citizenship. The amendment stated that all persons born or naturalized in the United States were citizens, with equal protection and due process under the law. However, the Senate Judiciary Committee was asked to clarify the amendment's impact on American Indian citizenship in 1870, as there was confusion. At that time, only 8% of American Indians were classified as "taxed" and eligible for citizenship.
The Dawes Act of 1887 offered American citizenship to Native Americans who accepted individual land grants, but it did not guarantee full protection of voting rights. States like Arizona and New Mexico had laws that prevented many American Indians from voting until the Civil Rights Act of 1965.
It wasn't until 1924, with the Indian Citizenship Act, that all American Indians were granted citizenship. However, even after gaining citizenship, American Indians continued to face challenges and discrimination, with their rights and freedoms often not fully respected or protected.
It is important to acknowledge the influence of Indigenous peoples on the US Constitution. Many of the Founding Fathers were familiar with Native nations and had negotiated treaties or engaged in diplomatic relations. Additionally, some, like Benjamin Franklin and Thomas Jefferson, studied Native systems of government and expressed admiration for them.
Security and Exchange Commission: A Department of the Treasury
You may want to see also
The US federal government holds extensive power over Indian affairs
The federal government's power over Indian affairs has been described as "plenary," indicating its preemptive nature over state power. This authority is comparable to Congress's power over the District of Columbia and the territories. The Supreme Court has also recognized the sovereign status of Indian tribes, acknowledging that tribal court systems belong to separate sovereigns. While the Constitution has never been successfully invoked to prevent Congress from abolishing tribal authority, the Supreme Court has required a clear and explicit expression of congressional intent to terminate tribal powers.
The federal government's obligation to protect Indian tribes is reflected in its trust responsibility. However, this trust has not always prevented Congress from enacting laws that may go against the best interests of Native Americans. The Indian Appropriations Act of 1896, for example, ended funding for educational efforts for Native Americans. Additionally, the federal government has historically denied First Amendment rights to Native Americans, such as freedom of speech and press.
The Indian Citizenship Act of 1924 conferred citizenship on all American Indians, but it did not guarantee full protection of their voting rights. It was not until the passage of the Civil Rights Act of 1965 that many American Indians were able to overcome barriers to voting, including Jim Crow-like tactics and poll taxes. The Indian Civil Rights Act of 1968 further extended the provisions of the First Amendment and the Bill of Rights to Native Americans, with the exception of the establishment clause to avoid disadvantaging tribal religions.
The influence of Native American systems of government on the US Constitution has been acknowledged by scholars. Robert J. Miller, a legal scholar and tribal court judge, argues that the US Constitution has Native American roots. Benjamin Franklin, for instance, was closely involved in negotiating and printing treaties with Native nations and studied their systems of governance. Thomas Jefferson also studied and expressed admiration for Native systems of government. The democratic political theories and principles developed by the Founding Fathers were influenced by their interactions and familiarity with Native nations.
Who Can Negotiate Treaties With Foreign Powers?
You may want to see also
The Supreme Court recognises the sovereignty of Indian tribes
The United States Constitution, signed in 1787, has had a complex relationship with the country's indigenous population. The Constitution's Article I initially stated that "Indians not taxed" could not be counted in the voting population of states, and American Indians were generally treated as outside the American body politic. However, the Supreme Court has played a significant role in recognising the sovereignty of Indian tribes.
In United States v. Wheeler (1978), the Supreme Court upheld the sovereign status of Indian tribes, ruling that trying an Indian in federal court after a conviction in a tribal court did not constitute double jeopardy. This decision acknowledged the separate sovereignty of tribal court systems and the federal court system. The Supreme Court has also required a clear and explicit expression of congressional intent before recognising the termination of tribal powers, demonstrating its respect for tribal sovereignty.
The Supreme Court's recognition of tribal sovereignty has had implications for criminal jurisdiction in Indian Country. In cases like Delaware Tribal Business Committee v. Weeks (1977), the Court applied constitutional strictures to federal Indian legislation, ensuring that legislation must be rationally tied to fulfilling Congress's unique obligation towards Indians. The Indian Civil Rights Act amendments in 1991 further affirmed the tribes' inherent criminal jurisdiction over non-member Indians.
The Supreme Court's rulings on tribal sovereignty have also influenced public safety within tribal reservations. In recent years, Congress has paired its legislation affirming tribal jurisdiction with increased investments in tribal law enforcement agencies and tribal courts. For example, the 2010 Tribal Law and Order Act enhanced the criminal sentencing authority of tribal courts, and the Department of the Interior provided additional funding to improve public safety in Indian Country.
While the Supreme Court has recognised the sovereignty of Indian tribes, the federal government's power over Indian affairs remains extensive and preemptive of state power. The federal government has an obligation to protect Indian tribes, and while treaty-making with Indian tribes ended in 1871, the commerce clause reference to Indians continues to support exercises of federal power over Indians. The complex jurisdictional framework between Indian tribes, the federal government, and states is an ongoing dialogue, with the Supreme Court's rulings playing a pivotal role in shaping the relationship between the United States and its indigenous populations.
Foreign Election Interference: What Does the Constitution Say?
You may want to see also
Explore related products
The US Constitution has roots in tribal political entities
The US Constitution, signed in 1787, has roots in tribal political entities. Legal scholar Robert Miller, a tribal court judge and citizen of the Eastern Shawnee Tribe of Oklahoma, writes that the Founding Fathers who signed the Constitution were deeply familiar with Native nations. Some had negotiated treaties or engaged in diplomatic relations with them.
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 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."
Eighteenth-century tribal governments across what is now the US had a wide variety of government models, from relatively complex to simple, and from nearly autocratic to highly democratic. The governments of eastern North America that the Founding Fathers were most familiar with were confederacies of tribal nations, including the powerful Iroquois Confederacy in upstate New York. The Iroquois, Shawnee, Cherokee, and other political formations generally separated military and civil leadership, guarded certain personal freedoms, including freedom of religion, and included somewhat democratic policies for referendums, vetoes, and recalls.
The idea that tribes have an inherent right to govern themselves is at the foundation of their constitutional status. The US federal government recognized American Indian tribes as independent nations and came to policy agreements with them via treaties. The US Constitution outlines the federal government's relationship with tribes, giving authority in Indian affairs to the federal government, not to the state governments.
Cato's Letters: Influence on the Constitution
You may want to see also
The 14th Amendment excluded most American Indians from citizenship
The US Constitution, signed in 1787, has historically had a complex relationship with American Indians, with the document itself being influenced by tribal political entities and systems of governance. The Constitution's Article I initially stated that "Indians not taxed" could not be counted in the voting population of states. This did not refer to a tax exemption but rather described the status of Indians at the time, who were generally treated as outside the American body politic.
The 14th Amendment, ratified in 1868, stated that "all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." This amendment was a response to the Dred Scott decision in 1857, which stated that American Indians, unlike enslaved blacks, could become citizens under congressional and legal supervision. However, the 14th Amendment's immediate interpretations excluded most American Indians from citizenship. The Senate Judiciary Committee was asked to clarify the confusion surrounding American Indian citizenship in 1870. At the time, only 8% of American Indians were classified as "taxed" and eligible for citizenship, with 92% of the population of around 300,000 people ineligible.
The exclusion of American Indians from citizenship was based on the understanding that the 14th Amendment did not alter the status of Indian tribes within the United States. The Dawes Act of 1887 granted American citizenship to Native Americans who accepted individual land grants, but it was not until 1924 with the Indian Citizenship Act that all American Indians were granted citizenship. Even then, many American Indians continued to face barriers to voting and were subjected to discriminatory practices until the Civil Rights Act of 1965.
Understanding Attachment Order Differences in Constitutional Isomers
You may want to see also
Frequently asked questions
No, American Indians were not considered US citizens at the time the Constitution was written. They were treated as outside the American body politic and were governed by tribal laws, treaties with the United States, and special federal Indian legislation.
The Constitution referred to American Indians as "Indians not taxed". This phrase did not indicate a grant of tax exemption but rather described their status at the time, as they were generally not subject to federal statutes, including tax laws.
American Indians became US citizens in 1924 with the passage of the Indian Citizenship Act. However, even after gaining citizenship, American Indians continued to face barriers to voting and other civil rights.
Yes, there is evidence that the systems of government of American Indian tribes influenced the drafting of the US Constitution. Many of the Founding Fathers had deep familiarity with Native nations and negotiated treaties or engaged in diplomatic relations with them. Benjamin Franklin and Thomas Jefferson, for example, studied Native systems of governance and expressed admiration for certain aspects.
