indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Native American Bank - Native people investing in Native communities
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Column: The 14th Amendment's relationship with Indian rights

Filed Under: Law | Opinion
More on: citizenship, constitution, supreme court, voting rights
     

Scott Bomboy of the National Constitution Center offers a look at how the 14th Amendment to the U.S. Constitution has affected the rights of American Indians:
The 14th Amendment makes all persons born or naturalized in the United States citizens, with equal protection and due process under the law. But for American Indians, the amendment immediately excluded most of them, and it took decades of laws and legal fights to make full citizenship a reality.

As late as 1948, two states (Arizona and New Mexico) had laws that barred many American Indians from voting, and American Indians faced some of the same barriers as blacks, until passage of the Civil Rights Act of 1965, including Jim Crow-like tactics and poll taxes.

American Indians were also part of the Dred Scott decision in 1857, but in a much different way. Chief Justice Roger Taney argued that American Indians, unlike enslaved blacks, could become citizens, under congressional and legal supervision.

But in 1870, after the 14th Amendment’s ratification, U.S. Census figures showed that just 8 percent of American Indians were classified as “taxed” and eligible to become citizens. The estimated American Indian population in the 1870 census was larger the population of five states and 10 territories—with 92 percent of those American Indians ineligible to be citizens.

The troublesome definition of “taxed Indians” and the price of citizenship imposed on American Indians (loss of communal lands and cultural identify) dated back to another well-known Supreme Court Chief Justice, John Marshall. And it took the Great Dissenter, Justice John Marshall Harlan, to put the question of American Indians birthright citizenship into context, in the form of great dissent.

In what were later known as the Marshall Trilogy rulings, the Chief Justice established the precedents for how the United States legal system would deal with political and social rights for American Indians who lived in the territorial boundaries of the United States.

Get the Story:
Scott Bomboy: The 14th Amendment’s tortuous relationship with American Indians (Constitution Daily 3/12)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News Today: Standing Rock Sioux in fight for 'our lives' (9/30)
Lakota Country Times: Uranium contaminates tribal water source (9/30)
Jenni Giovannetti: #NoDAPL inspires mixed-race keyboard warrior (9/30)
Ivan Star Comes Out: Defining what tiospaye means to our people (9/30)
Editorial: Oglala Sioux Tribe keeps members in the dark on gaming (9/30)
Winona LaDuke: Indigenous leaders keep our food traditions alive (9/30)
Lawmakers take action on Native youth and Indian Country bills (9/29)
Dakota Access enlists big name law firm ahead of court hearing (9/29)
Congress goes on break again after failing to pass spending bills (9/29)
Oklahoma lawmakers push for approval of tribal water rights deal (9/29)
Documents detail settlement amounts in tribal trust fund lawsuit (9/29)
Supreme Court accepts case involving Mohegan Tribe employee (9/29)
Supreme Court accepts case linked to NFL team's racist mascot (9/29)
Lakota Country Times: Powwow, Indian relay unite for big event (9/29)
Native Sun News Today: Meet the world's only Lakota magician (9/29)
Dave Archambault Sr.: The roots of the battle at Standing Rock (9/29)
Jim Kent: A tale of two warriors comes alive in sacred Black Hills (9/29)
Mary Annette Pember: Water protectors rounded up for praying (9/29)
Dina Gilio-Whitaker: A model for tribal consultation with UNDRIP (9/29)
Chukchansi Tribe schedules election for three council positions (9/29)
Seneca Nation prepares for tribal council election in November (9/29)
Donald Trump hired firm to lobby for tribal casino deal in Florida (9/29)
Bureau of Indian Affairs faced pressure to approve gaming deal (9/29)
Graton Rancheria eyes November opening for $175M casino hotel (9/29)
House approves national water bill without #NoDAPL amendment (9/28)
County sheriff announces additional arrests of #NoDAPL resisters (9/28)
Mary Annette Pember: Sheriff is looking into reports of 'gunshots' (9/28)
Ute Tribe mounts battle against 'modern day Indian land grab' bill (9/28)
Field hearing scheduled on energy development in Indian Country (9/28)
Native American Financial Services Association hires new director (9/28)
Lakota Country Times: Thank you ceremony honors Black Elk Peak (9/28)
Native Sun News Today: Northern Cheyenne Tribe election season (9/28)
James Giago Davies: Oceti Sakowin assert sovereignty once again (9/28)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.