History of American Indians and the United States

Legally Defining Race & Research Workshop

Dr. Kane

mkane2@albany.edu Humanities 109 | MWF 9:20 - 10:15 PM

Office Hrs: M 10:20 - 11:20 & F 1:30 - 3:30

Social Science 60S

Wednesday, September 6

coming up

  • Academic Honesty quiz Sept 11
  • Policy piece due Monday Sept 18 (BB)

last week

  • federal recognition requirements
  • domestic dependent nations
  • sovereignty
  • settler colonialism

Chicago citations

  • Preston, David L. ""We Intend to Live Our Lifetime Together as Brothers": Palatine and Iroquois Communities in the Mohawk Valley." New York History 89, no. 2 (2008): 179-89.
  • Garroutte, Eva Marie. Real Indians: Identity and the Survival of Native America. Berkeley: University of California Press, 2003: 36-37.
  • “Indian Sovereignty.” Upstate Citizens for Equality. Accessed September 3, 2017. http://www.upstate-citizens.org/sovereignty.htm.

finding primary sources

finding secondary sources

citation management

Garroutte, Enrollees and Outalucks

  • why did Long's "outing" of African-American ancestry negate his claims of Native ancestry?
  • how do federal and tribal definitions of "Indian" differ (in definition or effect)?
  • why do some people object to CDIB cards? why are others in favor?



CDIB application

CDIB app
CDIB app

CDIB application requirements

  • social security card and birth certificate
  • mother's affidavit of birth
  • "full-form" birth or death certificate for parents, grandparents, great grandparents, and great great grandparents (30 people)
  • enrollment numbers for great grandparents and great great grandparents
  • NOT DNA test

Indian Citizenship Act, 1924

  • Termination Era 1920 - 1975
  • step towards assimilation and integration
  • state restrictions - New Mexico 1962
  • Shelby County v. Holder 2013 (Voting Rights Act)
  • voter ID, ballot translation, gerrymandering

Reservation gerrymandering


Indian Civil Rights Act, 1968

  • guarantees (most) US Constitutional rights for tribal citizens and non-citizens on reservation lands
  • exceptions: establishment clause, separation of church and state, republican/elected government, form of judiciary
  • does not apply to: citizenship definitions, (some) criminal and civil law, judicial review/appeal
  • liberal vs. communal rights

who's an Indian?

  • BIA: member of a recognized tribe, living on/near reservation, at least 1/4 blood quantuum
  • IHS: any member of a recognized tribe or their child
  • Indian Self Determination Act: member of a recognized tribe with 1/8 blood quantuum
  • Indian Arts and Crafts Act: any member of a recognized tribe
  • Dept of Interior: owns land on a reservation or held in trust by govt

Indian Self Determination Act, 1975

  • federal trust funds provided, tribal administration
  • resource management, law enforcement, education, childcare, and environmental protection
  • must meet federal use guidelines
  • trust funds cannot be reallocated as needs change, must be reapplied for