A History of Native America
- Native America is a big place!
- what is a nation?
- Recognition status today
- 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"
- squ*w, redsk*n, Eskimo/Eskimaux, colored people
- what is a nation?
- how are the boundaries of a nation defined?
- without citizenship, how do you define "American"?
- 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
- 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
- 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
- Legal definitions
- Biological definitions
- Cultural definitions
- Political definitions
- The problem of "authenticity"
- 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
- 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
- mtDNA in common with Asian and Polynesian groups
Cultural: MASPEE RECOGNITION
- the "rich Indian" problem
- who defines "authenticity"?
- Trump-funded genealogy research: 1993 lawsuit, 2007 recognition & 2017 court filing
- 2017 BIA rules change: tribe may not re-petition after denial
Political: US CITIZENSHIP VS "INDIAN"
- US citizenship purely political: anyone can become a member
- "Indian" is political, historical, biological, and/or cultural depending on situation
- conflation of political rights with race and/or culture