Native, Native American, American Indian, Indian, First Nations, First Peoples
Alaska Native, Hawaiian Native, Inuit, Aboriginal
Indigenous, people of color
specific national or tribal designation always preferred (ie, Iroquois, Haudenosaunee, Mohawk, Kanien'kehá:ka)
"Nation" preferable to "tribe,": "the Oneida Nation," rather than "the Oneida tribe" unless specified in self-designated official name, ie Couer D'Alene Tribe
"Mohawk people" rather than "the Mohawk"
NO:
squ*w, redsk*n, Eskimo/Eskimaux, colored people
reservationslanguages
Sovereignty
what is a nation?
how are the boundaries of a nation defined?
without citizenship, how do you define "American"?
SOVEREIGNTY
who exercises power in an area?
from God; from collective agreement; from relationship to land
existed before contact: treaty rights are not "given"
treaties are between two equal nations
usufruct vs. fee simple rights
POWERS OF SOVEREIGNTY
taxation and public funds spending
defining citizens and their rights
law enforcement
government to government relations
sole and exclusive authority
independent internal decision making
SETTLER COLONIALISM
US, Canada, Australia, New Zealand
land is required for population expansion and resources
Native people hold land
Native people do not consent to be governed
"logic of erasure"
connection to slavery: land & labor
FEDERAL RECOGNITION
must comprise a distinct community
have existed as a community from historical times
must have retained a considerable measure of Indian culture
must have political influence over its members
must have membership criteria
must have membership of individuals who descend from a distinct tribe and are not members of any other tribe
DOMESTIC DEPENDENT NATIONS
cannot have independent foreign relations
limited powers of sovereignty
federal trust relationship
"Indians not taxed"
within but not part of American nation
Second half
Legal definitions
Biological definitions
Cultural definitions
Political definitions
The problem of "authenticity"
Legal
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
Legal: INDIAN CITIZENSHIP ACT, 1924
Termination Era 1920-1975
step towards assimilation and integration
state restrictions: New Mexico until 1962
Shelby County v. Holder 2013 (Voting Rights Act)
voter ID, ballot translation, gerrymandering
Legal: 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
Biology
CDIB
Biology
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 a DNA test
Biology: WHY NOT DNA?
no DNA for specific tribes
enrollment and recognition tribe-based
Y-chromosome haplogroup inheritence
Y-chromosome haplogroups distinct but not universal
