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
Fredericks Peebles & Morgan LLP
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:
Quinault Nation prepares for journey to Standing Rock encampment (12/2)
Doug George-Kanentiio: Iroquois prophecies warn of grave dangers (12/2)
Brandon Ecoffey: Media gets it wrong on Dakota Access frontlines (12/2)
Bronson Koenig: What I found during my journey to Standing Rock (12/2)
Timothy Egan: Fake cowboys cheered while the real Indians suffer (12/2)
Lakota Country Times: Laced marijuana finds its way to Pine Ridge (12/2)
Native Sun News Today: Owner of Wounded Knee site lowers price (12/2)
David Ganje: An opportunity for tribes to clean up their homelands (12/2)
Mary Annette Pember: Tribal member arrested for string of arsons (12/2)
Tiffany Midge: The women are here and we have a message for you (12/2)
Standing Rock Sioux Tribe calls for safety as veterans head to camp (12/1)
North Dakota sheriff scrubs Facebook of incriminating information (12/1)
Sen. Heidi Heitkamp considers role in Donald Trump administration (12/1)
Daniel Brown: Ho-Chunk Nation celebrates a new day in Wisconsin (12/1)
Lakota Country Times: #NoDAPL kitchen in need of more supplies (12/1)
Native Sun News Today: Standing Rock Sioux Tribe summons allies (12/1)
Vi Waln: Sacred fire burns at Oceti Sakowin camp in North Dakota (12/1)
Ivan Star Comes Out: Veterans at Standing Rock for the good fight (12/1)
Native Sun News Today: Duane Big Crow relishes role in coaching (12/1)
Clara Caufield: Community at Northern Cheyenne stays connected (12/1)
Steven Newcomb: A message to the Donald Trump administration (12/1)
Alaska Native designer brings subsistence fashion to new audience (12/1)
Tohono O'odham Nation and state remain at odds in casino dispute (12/1)
United Keetoowah Band won't talk about plans for potential casino (12/1)
Wilton Rancheria continues to face mysterious opposition to casino (12/1)
Non-Indian firm set to open $1.3B casino outside of nation's capital (12/1)
Native youth remain hopeful as nation transitions to new president (11/30)
Sioux Nation to President Obama: Stop the Dakota Access Pipeline (11/30)
Mark Trahant: Indian health care at risk with Trump administration (11/30)
Lakota Country Times: Herbalist brings medicine to Standing Rock (11/30)
Dana Lone Hill: A big 'wopila' to all the #NoDAPL water protectors (11/30)
Kelly Hayes: My whole heart is with the #NoDAPL water protectors (11/30)
Large veterans group heads to #NoDAPL frontline in North Dakota (11/30)
Native Sun News Today: Northern Cheyenne college hosts summit (11/30)
James Giago Davies: Mixed-race Indians forced to choose identity (11/30)
Cronkite News: Navajo chef takes helm at NMAI in nation's capitol (11/30)
Billy Stratton: The soldiers who refused the Sand Creek Massacre (11/30)
Gabriel Ray: Scotts Valley Band working to re-establish homeland (11/30)
Steve Russell: Resisting apartheid and genocide in the Trump era (11/30)
Charges filed after two children found malnourished at Pine Ridge (11/30)
Four Alaska Natives dead amid state outbreak of strep bacteria (11/30)
Pokagon Band breaks ground on housing project on Indiana land (11/30)
Ancestral remains found in Washington are about 2300 years old (11/30)
Former casino worker took $23K from Northern Cheyenne Tribe (11/30)
Sheriff hit with lawsuit as governor moves in on #NoDAPL camp (11/29)
Dakota Access Pipeline almost finished except at Lake Oahe site (11/29)
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.