Jonah Patel
The US Constitution, signed in 1787, has long been understood to have been influenced by the European Enlightenment and ancient Athens. However, recent scholarship has revealed that the Founding Fathers were also inspired by the political systems of Native American nations, particularly the Iroquois Confederacy. The Iroquois Confederacy was a multi-state government formed by the Mohawks, Onondaga, Cayuga, Oneida, Seneca, and later the Tuscarora nation. It provided a real-life example of the political concepts that the Founding Fathers were interested in adopting, such as the separation of military and civil leadership, freedom of religion, and democratic policies for referendums, vetoes, and recalls. While the US Constitution did not adopt all the practices of the Iroquois Confederacy, it did borrow from their model of governance.
| Characteristics | Values |
|---|---|
| Native American nations with democratic governments | Iroquois Confederacy, Shawnee, Cherokee |
| Familiarity with Native American nations | Negotiating and printing treaties, studying their systems of governance |
| Influence of Native American government models | Separation of military and civil leadership, freedom of religion, democratic policies for referendums, vetoes and recalls |
| Native American rights and citizenship | Exclusion of "Indians not taxed" from counts for apportioning direct taxes and representatives to Congress |
| Tribal sovereignty | Tribal authority on Indian land, Congress's power to limit tribal sovereignty |
| Influence on Founding Fathers | Benjamin Franklin, Thomas Jefferson |
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What You'll Learn
Influence of the Iroquois Confederacy
The United States Constitution, signed in 1787, was influenced by the political and philosophical ideas of European Enlightenment thinkers. However, the founding fathers were also familiar with the political systems of the Native American tribes, particularly the powerful Iroquois Confederacy in upstate New York.
The Iroquois Confederacy was a union of six nations: the Mohawks, the Onondaga, the Cayuga, the Oneida, the Seneca, and the Tuscarora. Each nation had its own individual governance, but they came together to form a multi-state government, operating under the Great Law of Peace. This law was a doctrine of 117 codicils, where individual tribes handled their own affairs but united to address issues of common concern.
The Iroquois Confederacy provided a real-life example of the political concepts that the founding fathers were interested in adopting. The confederation of the original 13 colonies into one republic may have been influenced by the Iroquois Confederacy's political system. The founding fathers were impressed by how the Iroquois legislated their affairs, and they sought to echo the Great Law of Peace in the US Constitution.
Benjamin Franklin was closely involved in negotiating and printing treaties with the Iroquois Confederacy, and he studied their systems of governance. He invited representatives of the Iroquois Nations to the Provincial Council of Pennsylvania in 1744 and the Albany Congress in 1754, seeking to unite the 13 colonies. Franklin also used metaphors from Onondaga leader Canassatego to explain how uniting the colonies would build strength against outside nations. Thomas Jefferson also studied Native systems of government and expressed admiration for them.
In 1987, on the 200th anniversary of the US Constitution, The New York Times published an article titled "Iroquois Constitution: A Forerunner to Colonists' Democratic Principles," highlighting the influence of the Iroquois Confederacy on the framers of the Constitution. In 1988, the US Congress passed a resolution formally acknowledging this influence and reaffirming the government-to-government relationship between Indian tribes and the United States.
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Native American nations as democratic influences
Native American nations have had a significant influence on the development of American democracy and the US Constitution. The Founding Fathers, who had just broken free from the British Empire, were anxious about the influence of foreign powers on their young democracy. As a result, they looked to the democratic political theories and principles of Native American nations, which they had encountered firsthand, for inspiration in shaping their new government.
One of the most well-known examples of Native American influence on the US Constitution is the Iroquois Confederacy, which consisted of the Mohawks, Onondaga, Cayuga, Oneida, Seneca, and later, the Tuscarora nation. The Iroquois Confederacy, with its multi-state government and maintenance of individual governance, provided a real-life example of the political concepts the Founding Fathers were interested in adopting. Benjamin Franklin, for instance, was closely involved in negotiating and printing treaties with the Iroquois Confederacy and studied their systems of governance. Other Native American nations that influenced the Founding Fathers include the Shawnee, Cherokee, and Choctaw nations.
The Native American nations that the Founding Fathers were most familiar with generally separated military and civil leadership, guarded certain personal freedoms, including freedom of religion, and included democratic policies for referendums, vetoes, and recalls. Additionally, many Native American nations gave women a significant role in government, something that the US Constitution would not adopt for over a century.
While the influence of Native American nations on the US Constitution is often overlooked, it is important to recognize their contributions to the development of American democracy. Robert J. Miller, a legal scholar, and tribal court judge notes that the Founding Fathers had deep familiarity with Native nations, and their systems of governance influenced the ideas and principles enshrined in the US Constitution. Thomas Jefferson, for example, studied Native systems of government and expressed admiration for them, despite incorrectly characterizing them as having "no law."
In conclusion, Native American nations played a significant role in shaping the democratic principles and practices of the United States. Their influence can be seen in the structure of the US government, the separation of powers, the protection of certain freedoms, and the recognition of the inherent right of tribes to govern themselves.
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Native American nations and the rights and duties of individuals
Native Americans are citizens of their respective Native nations as well as of the United States. Native Americans have the same rights as other citizens to hold public office. They have held elected and appointed offices at all levels of federal, state, and local government. Native Americans also serve in state legislatures, state judicial systems, county and city governments, and on local school boards.
Native Americans have certain rights as citizens of their Native nations. Native American nations are considered sovereign nations, possessing a degree of self-governance and the ability to operate their own legal systems. They have the right to form their own governments, make and enforce laws, tax, establish and determine membership, license and regulate activities within their jurisdiction, zone, and exclude persons from tribal lands. Native Americans can vote in federal, state, local, and tribal elections.
The rights of Native Americans as citizens of the United States have been denied and limited throughout history. The United States government officially granted citizenship to Native Americans in 1924, and their right to vote was established in 1965 with the Voting Rights Act. Prior to these developments, Native Americans faced significant challenges, including the introduction of diseases and the loss of their lands due to colonization. Treaties formed between the United States and Native American nations from 1778 to 1871 granted various rights to the tribes in exchange for land.
The United States Constitution mentions American Indians three times. The idea that tribes have an inherent right to govern themselves is reflected in the Constitution, which states that Congress has no more power over Indian nations than it does over individual states. The Constitution also acknowledges the legitimacy and sovereignty of Native nations and their governments.
The Founding Fathers were familiar with the governments of various Native American nations, including the Iroquois Confederacy, the Shawnee, the Cherokee, and other political formations. These governments generally separated military and civil leadership, guarded certain personal freedoms including freedom of religion, and included democratic policies for referendums, vetoes, and recalls. Benjamin Franklin and Thomas Jefferson studied Native systems of government and were involved in negotiating treaties with Native nations. The Iroquois Confederacy, in particular, has been cited as a significant influence on the democratic political theories and principles adopted in the U.S. Constitution.
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Native American nations' influence on the Founding Fathers
The United States Constitution, drafted in 1787, was not a direct adaptation of Native American law. However, it is theorised that the Founding Fathers were influenced by the political systems of Native American nations, particularly the Iroquois Confederacy.
The Iroquois Confederacy was a union of six nations: the Mohawks, the Onondaga, the Cayuga, the Oneida, the Seneca, and the Tuscarora nation, which joined in 1722. Each nation maintained its own individual governance while uniting to form a multi-state government. This was a democratic form of government, which included referendums, vetoes, and recalls, and which guarded certain personal freedoms, including freedom of religion. The Iroquois Confederacy was also notable for its lack of forceful control and its consensus-based decision-making.
The Founding Fathers were familiar with the Iroquois Confederacy, and other Native American systems of governance, through their diplomatic relations and treaty negotiations with Native nations. Benjamin Franklin, in particular, admired the Iroquois system, and was closely involved in negotiating and printing treaties with them. Franklin wrote in 1751 that the union of the Six Nations was "indissoluble", and that it would be "strange" if a similar union was "impracticable" for the English colonies. Thomas Jefferson also studied Native systems of government, expressing admiration for them, despite characterising them as having "no law".
The democratic principles and governing practices of the Iroquois Confederacy and other Native American nations influenced the Founding Fathers' vision for the United States government. The Articles of Confederation, which preceded the Constitution, reflected these Native ideas, focusing on a loose union of independent states. The Constitution, however, created a centralised government, concentrating power in a way that resembled the British model the colonists had rebelled against.
While the influence of ancient Rome and European Enlightenment thought on the Founding Fathers is well-documented, the impact of Native American nations on the founding of the United States is a less acknowledged aspect of American history. In recent years, there has been a growing recognition of the influence of Native American systems of governance on the US Constitution, including a 1988 resolution passed by Congress.
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Native American nations and the US Constitution's recognition of tribal sovereignty
The US Constitution mentions Native American tribes three times. Article I, Section 2, Clause 3 states that "Representatives and direct Taxes shall be apportioned among the several States ... excluding Indians not taxed". Section 2 of the Fourteenth Amendment also addresses the handling of "Indians not taxed" in the apportionment of the seats of the House of Representatives according to population. Article I, Section 8, Clause 3, states that Congress is empowered to "regulate commerce with foreign nations…states…and with the Indian tribes."
The US Constitution outlines the federal government's relationship with tribes. The Constitution gives authority in Native American affairs to the federal government, not to the state governments. The federal US government has always been the government that makes treaties with Native American tribes – not individual states.
The US government recognizes 574 tribal nations, 229 of which are in Alaska. The sovereignty of tribes, or the inherent authority of tribes to govern themselves, allows them to honor and preserve their cultures and traditional ways of life. Tribal sovereignty is a political status recognized by the federal government, protected by the US Constitution and treaties made generations ago, and upheld by the US Supreme Court.
Tribal sovereignty has been summarized in three principles of US Indian law: territorial sovereignty, plenary power doctrine, and trust relationship. Territorial sovereignty refers to the organic authority of tribes on Native land, which is not granted by the states in which Native lands are located. Plenary power doctrine means that Congress has the ultimate authority with regard to matters affecting the tribes. The trust relationship principle states that the federal government has a "duty to protect" the tribes, implying the necessary legislative and executive authorities to effect that duty.
In 1978, the Supreme Court ruled in Oliphant v. Suquamish Indian Tribe that tribes lack the inherent authority to arrest, try, and convict non-Natives who commit crimes on their lands. Native American self-determination replaced Indian termination policy in the 1970s as the official US policy toward Native Americans, promoting the ability of tribes to self-govern and make decisions concerning their people.
The Founding Fathers were familiar with the democratic forms of government of Native American nations. 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 that maintained its own individual governance. The Founding Fathers had negotiated treaties and engaged in diplomatic relations with Native American nations, and some, like Benjamin Franklin and Thomas Jefferson, studied their systems of governance.
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Frequently asked questions
The US Constitution was influenced by the democratic political theories and principles of Native American nations, particularly the Iroquois Confederacy. The Founding Fathers were familiar with the governance of these tribal nations, and some had negotiated treaties or engaged in diplomatic relations with them. The Iroquois Confederacy was a multi-state government with a stacked-government model that maintained individual governance for each nation. This provided a real-life example of the political concepts that the framers of the Constitution wanted to adopt.
Native American governments generally separated military and civil leadership, guarded personal freedoms, and included democratic policies for referendums, vetoes, and recalls. Native American cultures also emphasised consensus-building, with everyone in agreement before moving forward. While the US Constitution did not initially grant women a large role in government, most Native American nations did.
The US Constitution specifically mentions American Indians three times. Article I, Section 8, Clause 3 empowers Congress to "regulate commerce with foreign nations…states…and with the Indian tribes." The idea that tribes have an inherent right to govern themselves is at the foundation of their constitutional status. Native Americans gained US citizenship in 1924, but they still faced barriers to voting rights and other freedoms until the Civil Rights Act of 1965.
In 1978, the Supreme Court ruled that tribal nations lack the authority to arrest, try, and convict non-Natives who commit crimes on their lands. However, the 1988 resolution passed by Congress formally acknowledged the influence of the Iroquois Confederacy on the US Constitution and reaffirmed the government-to-government relationship between Indian tribes and the United States. Native American self-determination is now the official US policy, promoting tribal self-governance and decision-making authority over their people.
