Isabella Carter
The United States Constitution, signed in 1787, has had a complex and often contradictory relationship with the Indigenous tribes of North America. The Constitution was influenced by the democratic principles of the Iroquois Confederacy, a union of six tribes, which was studied by the Founding Fathers, including Benjamin Franklin, who negotiated with them. The Constitution also contains three references to Indians, including the phrase Indians not taxed, which excluded them from constitutionally mandated apportionment. This exclusion was mooted by the ratification of the Fourteenth Amendment in 1868, and in 1924, all Native Americans were granted citizenship with the Indian Citizenship Act.
| Characteristics | Values |
|---|---|
| Indian Citizenship Act | Signed into law by President Calvin Coolidge on June 2, 1924, conferring citizenship on all American Indians |
| "Indians not taxed" | Excluded from all aspects of apportionment, but this changed with the ratification of the Fourteenth Amendment in 1868 |
| Tribal laws | Indians were governed by tribal laws, treaties with the United States, and special federal Indian legislation |
| Federal power | The federal government holds extensive power over Indian affairs, with Congress's power to make war also invoked in dealing with Indians |
| Land ownership | Most Indian lands are held in fee by the United States, subject to tribal interests in reservations |
| Iroquois Confederacy | The Iroquois Confederacy and other Native American governments influenced the ideas and principles of the US Constitution, particularly the concept of federalism |
Explore related products
What You'll Learn
The Indian Citizenship Act of 1924
The Act reads:
> "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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: Provided That the granting of such citizenship shall not in any manner impair or otherwise affect the right of any Indian to tribal or other property."
The Act faced opposition from certain Native American groups, such as the Onondaga Nation, who viewed it as an imposition of citizenship without their consent. They argued that the Act disregarded previous treaties and sovereignty agreements between Indian Tribes and the United States. On the other hand, Progressive senators and activists supported the Act, believing it would reduce corruption and inefficiency in institutions dealing with Native American affairs.
In conclusion, the Indian Citizenship Act of 1924 was a pivotal step towards recognizing the rights of Native Americans and granting them long-overdue citizenship status. However, the struggle for full citizenship and equal voting rights continued for many years, highlighting the complexities and ongoing efforts to address historical injustices faced by Native Americans.
The Power Players: Who Holds the Most Influence in America?
You may want to see also
Federal power over Indian affairs
The federal government's power over Indian affairs has been extensive and has preempted state power. The federal government's authority over Indian affairs is comparable to its authority over the District of Columbia and the territories. This federal power has been described as "plenary," and challenges to its exercise have been labelled political questions.
The foundation of this complex structure of federal, state, and tribal relations is based on a combination of powers, including Congress's power to make war and the necessary and proper clause of Article I and the supremacy clause of Article VI. Most Indian lands are held in fee by the United States, subject to tribal interests in reservations set aside by treaty or executive order, and the Indians' right of occupancy.
The federal government's power over Indian affairs was also influenced by the history of wars, conquest, treaties, and the assumption of a protectorate relationship toward the tribes. The three references to Indians in the Constitution, found in Article I and the Fourteenth Amendment, excluded "Indians not taxed" from the counts for apportionment of taxes and representation in Congress. The commerce clause of Article I granted Congress the power to "regulate Commerce with... the Indian Tribes."
In 1871, the federal government ended treaty-making with Indian tribes, and in 1924, all native-born Indians who had not already been made citizens by federal statute were naturalized. The Indian Citizenship Act of 1924 marked the end of a long debate over full birthright citizenship for American Indians, but it did not offer full protection of voting rights. Despite the formal recognition of citizenship, American Indians continued to face barriers to voting and were subject to discriminatory laws and practices.
Understanding Scar Formation and Maturation
You may want to see also
Indians as not taxed
The phrase "Indians not taxed" appears twice in the US Constitution: in Article I and the Fourteenth Amendment. This phrase excluded American Indians from the counts for apportioning direct taxes and representatives to Congress among the states. It did not, however, grant them tax exemption. Instead, it described the status of Indians at the time, who were not United States citizens and were not governed by federal and state legislation. Their affairs were governed by tribal laws, treaties with the United States, and special federal Indian legislation.
The exclusion of "Indians not taxed" from all aspects of apportionment became moot following changes in the status of American Indians since the ratification of the Fourteenth Amendment in 1868. In 1871, treaty-making with Indian tribes ended, and in 1924, all native-born Indians who had not already been made citizens by federal statute were naturalized through the Indian Citizenship Act. By 1940, the Department of the Interior officially recognized that there were no longer any Indians who could be considered "Indians not taxed."
The Indian Citizenship Act marked the end of a long debate over full birthright citizenship for American Indians. At the time, 125,000 out of an estimated population of 300,000 American Indians were not citizens. Despite the Act, many American Indians continued to face barriers to voting until the passage of the Civil Rights Act of 1965.
It is important to note that the US Constitution and its framers were influenced by the governmental structures and political theories of various Native American nations, including the Iroquois Confederacy, the Cherokee, and the Shawnee. The framers were familiar with these tribal governments through trade, diplomatic relations, and treaty negotiations. While the US Constitution did not directly grant tax exemption to American Indians, the phrase "Indians not taxed" reflects the unique legal and political status of Native American tribes within the United States.
The Founding Fathers' Constitution: A Concise Document
You may want to see also
Explore related products
Influence of the Iroquois Confederacy
The Iroquois Confederacy, a union of five tribes: Mohawk, Onondaga, Cayuga, Oneida, and Seneca, was of particular interest to the Founding Fathers of the United States. The Confederacy, operating under the Great Law of Peace, allowed individual tribes to handle their affairs while uniting them to address issues of common concern. This federalist structure impressed the Founding Fathers, who were familiar with Native American nations through treaty negotiations and diplomatic relations.
The Iroquois Confederacy offered a real-life example of democratic principles and governance that the Founding Fathers sought to incorporate into the U.S. Constitution. While not an exact model, it influenced their thinking and provided a tangible demonstration of the political concepts they wished to adopt. The Iroquois Confederacy's multi-state government, with its balance of individual freedoms and collective decision-making, resonated with the ideals of the Founding Fathers as they crafted the Constitution.
The influence of the Iroquois Confederacy on the U.S. Constitution was formally acknowledged by Congress in a 1988 resolution. This resolution recognized the impact of the Confederacy on the democratic principles enshrined in the Constitution and reaffirmed the government-to-government relationship between Native American tribes and the United States. The resolution highlighted the sovereignty and legitimacy of Native American nations and their governments.
The Iroquois Confederacy's principles had a tangible impact on the Constitution's content. The Constitution includes references to Indians in Article I and the Fourteenth Amendment, addressing taxation and representation in Congress. Additionally, the commerce clause in Article I grants Congress the power to "regulate Commerce with ... the Indian Tribes." While these references do not grant tax exemption or special status, they acknowledge the distinct relationship between the federal government and Native American tribes.
The influence of the Iroquois Confederacy extends beyond the written words of the Constitution. The concept of a "council of chiefs," akin to the Iroquois Confederacy's governance structure, is reflected in the founding documents and principles of the United States. The Founding Fathers' familiarity with Native American governance models, including that of the Iroquois Confederacy, shaped their understanding of democracy and federalism, influencing the foundational principles of the nation.
Georgia's Constitution: Mirroring the US Constitution
You may want to see also
Native theories of government
Native American nations had a significant influence on the democratic principles and political theories that shaped the US Constitution. The Founding Fathers were familiar with the systems of governance of the Native nations they encountered, and these ideas informed the model of democracy that was eventually adopted.
The Iroquois Confederacy, in particular, has been cited as an influence on the framers of the Constitution. The Iroquois Confederacy was a powerful tribal government in upstate New York, and its structure has been described as a "stacked-government model". The Iroquois separated military and civil leadership, guarded certain personal freedoms, and included democratic policies for referendums, vetoes, and recalls. They also gave women a significant role in government, something that would not be seen in the US government for over a century.
The Shawnee, Cherokee, and other political formations also influenced the Constitution. These Native tribal confederations generally followed similar principles to the Iroquois, including the separation of military and civil leadership and the protection of certain personal freedoms.
Benjamin Franklin, who was closely involved in negotiating and printing treaties with Native nations, studied their systems of governance. John Adams also included descriptions of Native governments in his three-volume handbook for the Constitutional Convention, alongside European philosophers like John Locke and Montesquieu.
While the US Constitution was also influenced by ancient Athens and the European Enlightenment, the Founding Fathers drew on the democratic political theories and practices of the Native nations they encountered to shape the unique model of democracy that would become the United States of America.
The Iroquois Constitution: Nations United in Harmony
You may want to see also
Frequently asked questions
The US Constitution was influenced by the structure of Native American governments, particularly the Iroquois Confederacy. The confederacy was a union of six tribes, and its democratic principles inspired the Founding Fathers. Benjamin Franklin, Thomas Jefferson, and George Washington were all familiar with the inner workings of the Iroquois Confederacy and other Native American governments.
No, Native Americans were not considered US citizens at the time of the Constitution and were not governed by federal and state legislation. Their affairs were governed by tribal laws, treaties with the US, and special federal Indian legislation.
Native Americans became US citizens in 1924 with the Indian Citizenship Act, signed into law by President Calvin Coolidge. However, this did not grant them full voting rights, and many Native Americans faced barriers to voting until the Civil Rights Act of 1965.
The "Indians not taxed" clause in the Constitution refers to the exclusion of untaxed Native Americans from the counts for apportioning direct taxes and representatives to Congress among the states. This clause was not a grant of tax exemption but rather a description of the status of Native Americans at the time.
Yes, the US Constitution ended treaty-making with Native American tribes in 1871. The commerce clause in Article 1 grants Congress the power to "regulate Commerce with ... the Indian Tribes," giving the federal government extensive power over Indian affairs.
