History of American Indians and the United States

Race as Biology and Culture

Dr. Kane

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

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

Social Science 60S

Friday, September 8

coming up

  • Academic Honesty quiz Sept 11
  • Policy piece due Monday Sept 18 (BB)
  • OPTIONAL feedback via Blackboard

today's class

  • finish up legal distinctions
  • race as biology
  • race as culture

Garroutte, Enrollees and Outalucks

  • 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?
  • how and why does biological definitions of Indianness complicate legal definitions?

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

defining Native

NY Times video

Garroutte, Biology

  • why did Long's "outing" of African-American ancestry negate his claims of Native ancestry?
  • how is the "logic of erasure"/settler colonialism expressed in blood quantuum rules?
  • how has black or white intermarriage affected perceptions of Indianness?

why not DNA?

  • no DNA for specific tribes
  • enrollment and recognition tribe-based
  • Y-chromosome haplogroup inheritence
  • Y-chromosome haplogroups distinct but not universal
  • mtDNA in common with Asian and Polynesian groups

Garroutte, Culture

  • why did some non-Native people object in the case of Mashpee recognition? what were the historical reasons the Mashpee did not seem "Indian enough"?
  • how and why were the Pueblo determined to be Indian/not Indian at different times?
  • what are the stakes for groups that don't meet cultural definitions of Indianness?

Mashpee and Mashantucket Pequot

  • the "rich Indian" problem
  • who defines "authenticity"?
  • Trump-funded geneology research (Aug 2017)
  • 2005 Schgaticoke and Eastern Pequot loss of recognition
  • 2017 BIA rules change - may not re-petition after denial
  • Garroutte pg 67