Omar Bennett
The United States Constitution mentions Native American tribes three times, and there is evidence that the Founding Fathers who signed the Constitution had deep familiarity with Native nations, some having negotiated treaties or engaged in diplomatic relations with them. While the Iroquois Confederacy was not an exact model for the U.S. Constitution, it provided a real-life example of some of the political concepts the framers were interested in adopting. The confederacy of the original 13 colonies into one republic was influenced by the political system developed by the Iroquois Confederacy, as were many of the democratic principles incorporated into the constitution itself.
| Characteristics | Values |
|---|---|
| Influence on the US Constitution | Separation of military and civil leadership, freedom of religion, democratic policies for referendums, vetoes and recalls, and women in government |
| Real-life examples of political concepts | Unification through mutual defense, foreign affairs, and complete individual independence |
| Tribal governments | Over 500 tribal governments recognized by the US government, including the Navajo, Shawnee, Cherokee, Delaware, Iroquois, Choctaw, and Haudenosaunee |
| Tribal sovereignty | The US Constitution mentions Native American tribes three times, recognizing their sovereignty and government-to-government relationship with the US |
| Self-governance | The Indian Civil Rights Act, Indian Reorganization Act, and federal Indian education legislation promote tribal self-governance and economic development |
| Tribal constitutions | Emphasize duties of individuals to the community rather than individual rights |
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What You'll Learn
The Iroquois Confederacy
In 1988, Congress passed a resolution formally acknowledging the influence of the Iroquois Confederacy on the US Constitution. The resolution stated that the confederation of the original 13 colonies into one republic was influenced by the political system developed by the Iroquois Confederacy, as were many of the democratic principles incorporated into the Constitution.
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Tribal sovereignty
The United States Constitution mentions Native American tribes three times, and the US government has historically recognized 574 tribal nations, 229 of which are in Alaska. Tribal sovereignty is the inherent authority of these tribes to govern themselves and make laws, allowing them to preserve their cultures and traditional ways of life.
In 1934, tribal authority gave legitimacy to tribal courts, and an opinion issued by John Collier and Nathan Margold stated that "sovereign powers inhered in Indian tribes except for where they were restricted by Congress." This opinion further asserted that "Conquest has brought the Indian tribes under the control of Congress, but except as Congress has expressly restricted or limited the internal powers of sovereignty vested in the Indian tribes such powers are still vested in the respective tribes and may be exercised by their duly constituted organs of government."
In the 1832 case Worcester v. Georgia, the U.S. Supreme Court affirmed that the Cherokee Nation was not subject to state regulation, with Chief Justice John Marshall explaining that the Cherokee Nation "is a distinct community occupying its own territory... in which the laws of Georgia can have no force, and which the citizens of Georgia have no right to enter but with the assent of the Cherokees themselves."
In another case, Iron Crow v. Oglala Sioux Tribe, the United States Supreme Court concluded that tribal members were not exempted from the tribal justice system because they had been granted U.S. citizenship. The court found that tribes "still possess their inherent sovereignty excepting only when it has been specifically taken from them by treaty or Congressional Act."
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Influence on Founding Fathers
The US Constitution, a document outlining the structure and principles of the nation's government, is often associated with the Founding Fathers. However, it is essential to acknowledge the complex historical context that led to its creation, including the influence of various cultures and communities. While no Native American tribe directly participated in drafting the Constitution, the Iroquois Confederacy, a powerful alliance of six Indigenous nations in the Northeast, significantly influenced the Founding Fathers' political thought.
The Iroquois Confederacy, also known as the Iroquois League or the Six Nations, was a union of six different tribes: the Mohawk, Onondaga, Cayuga, Oneida, Seneca, and later the Tuscarora. This alliance was formed to protect themselves from invasion and deliberate on common causes. The structure of the Confederacy was federal in nature, with each tribe handling its own affairs but coming together to solve issues of common importance. This stacked-government model, known as the Great Law of Peace, influenced the constitutional framers' thinking. The constitutional framers cited the Iroquois and other Native governments as examples of federalism, where individual tribes maintained their sovereignty while uniting under a larger confederacy for mutual defence and foreign affairs.
Benjamin Franklin, one of the most influential figures in the American Revolution, had a deep interest in Indigenous cultures and was particularly familiar with the Iroquois Confederacy. Franklin saw parallels between the Confederacy's principles and the ideals of American republicanism that he and his fellow revolutionaries sought to establish. He was impressed by the Iroquois' system of governance, which was centred on the principles of balance, consensus, and collective decision-making. While Franklin and the other Founding Fathers did not adopt the Iroquois Confederacy's system wholesale, they were influenced by its concepts of checks and balances, representative government, and peaceful conflict resolution.
The influence of the Iroquois Confederacy on the Founding Fathers extended beyond Benjamin Franklin. John Adams, in his three-volume handbook for the convention surveying different types of governments and ideas about government, included both European philosophers and the Iroquois Confederacy and other Indigenous governments. The Founding Fathers had personal experience with these Native American governments and negotiated treaties and engaged in diplomatic relations with them. Their familiarity with these tribal political entities contributed to the development of democratic political theories and principles that were barely practised in Europe at the time.
In conclusion, while the Founding Fathers were influenced by European thought and Enlightenment philosophy, they also drew inspiration from the governmental structures and principles of Native American tribes, particularly the Iroquois Confederacy. The ideas of freedom, liberty, and egalitarianism that emerged from these tribal confederacies shaped the Founding Fathers' thinking and contributed to the ideals enshrined in the US Constitution.
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Native American rights and duties
Native Americans are citizens of their respective Native nations, as well as of the United States. Native Americans have had the right to vote in national elections since 1924, although some states prohibited them from voting in local elections until much later. For example, New Mexico did not extend the vote to Native Americans until 1962. Native Americans have the same obligations for military service as other US citizens, and they are also subject to federal income taxes.
Tribes are independent nations with the right to form their own governments, adjudicate legal cases within their borders, levy taxes within their borders, establish their membership, and decide their own future fate. The US federal government has a trust responsibility to protect tribal lands, assets, resources, and treaty rights. Federally recognized tribes are recognized as possessing certain inherent rights of self-government and are entitled to receive certain federal benefits, services, and protections.
Historically, the rights of Native Americans have been infringed upon in several ways. Many laws and policies of the United States government, some tracing back to the pre-Revolutionary colonial period, denied basic human rights—particularly in the areas of cultural expression and travel—to indigenous people. For example, European missionaries believed it was their duty to convert Native Americans to Christianity, and rulers asserted control over non-Christian countries and their inhabitants "discovered" by Columbus, including their conversion to Catholicism. Additionally, Native Americans who aided the United States in World War II found that their contributions were not recognized by the US government and people, leading to activism focused on tribal sovereignty and self-determination.
Despite these historical injustices, Native Americans have made significant contributions to the formation of the United States. The constitutional framers studied Native American systems of government and were influenced by them. In particular, the Iroquois Confederacy, which consisted of the Mohawk, Onondaga, Cayuga, Oneida, Seneca, and later the Tuscarora nations, has been recognized as having influenced the democratic principles incorporated into the US Constitution. The confederacy provided a real-life example of political concepts that the framers were interested in adopting, such as unification through mutual defense and the conduct of foreign affairs. Benjamin Franklin 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 and expressed admiration for Native systems of government.
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Democracy and consensus
The Iroquois Confederacy was a democratic system of governance that influenced the Founding Fathers who signed the US Constitution. Benjamin Franklin, for instance, was closely involved in negotiating and printing treaties with the Iroquois and studied their systems of governance. John Adams also cited the Mohawks, a tribe within the Iroquois Confederacy, as an example of a people who enjoyed "complete individual independence."
The Iroquois Confederacy was particularly notable for its unification of six nations through mutual defense and its handling of foreign affairs. While the chiefs of the nations were hereditary rulers, the confederacy's system of governance enabled the people to assert their sovereignty over vast geographic expanses. This was a characteristic that the framers of the US Constitution sought to emulate, as they wanted to avoid hereditary rulers like Britain's King George III.
Other Native American tribes also had democratic elements in their political systems. For example, the Shawnee, Cherokee, and other tribal governments generally separated military and civil leadership, guarded certain personal freedoms (including freedom of religion), and included democratic policies for referendums, vetoes, and recalls. Many tribal cultures also operated through consensus, where everyone involved had to agree on a decision. Additionally, Native American tribes had a strong emphasis on an individual's duties to the community rather than their rights, which presents a different perspective on the relationship between the individual and the community at large.
The influence of Native American political systems on the US Constitution was obscured by the United States' historical bias and violence against Native Americans. However, this influence has been increasingly recognized, with Congress passing a resolution in 1988 that formally acknowledged the impact of the Iroquois Confederacy on the democratic principles incorporated into the US Constitution.
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Frequently asked questions
The Iroquois Confederacy, which dates back several centuries, is the Native American government that has been acknowledged by Congress to have influenced the US Constitution. Other tribal governments that may have influenced the Constitution include the Cherokee, Shawnee, and Delaware.
The US Constitution was signed in 1787, and at the time, there were no contemporary democracies in Europe. The most democratic forms of government that the framers of the Constitution had encountered were those of Native American nations. The framers were interested in adopting certain political concepts and looked to Native American governments for inspiration. For example, the idea of unifying multiple nations through mutual defense and conducting foreign affairs was influenced by the Iroquois Confederacy.
Native American tribes have influenced US law and policy in several ways beyond the Constitution. The United States has recognized more than 500 tribal governments, and each tribal government operates according to its own constitutional rules. Native American tribes have signed treaties with the US government, negotiated and printed by leaders such as Benjamin Franklin, and have been mentioned in the US Constitution. Additionally, certain policies and programs, such as the Indian Reorganization Act of 1934, have been designed to strengthen tribal governments and promote economic development.
