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

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