6.4 Membership and Citizenship in Indian Tribes
4 min read•august 12, 2024
Membership and citizenship in Indian tribes are crucial aspects of . Tribes have the power to determine who belongs to their community, shaping their identity and future. This authority is a key part of self-governance, allowing tribes to maintain their cultural heritage and political autonomy.
The criteria for tribal membership vary widely, from to . These rules impact access to tribal resources, voting rights, and cultural participation. Understanding membership policies is essential for grasping the complexities of tribal governance and the ongoing challenges faced by Native American communities.
Tribal Sovereignty and Governance
Foundations of Tribal Sovereignty
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- Tribal sovereignty is the inherent authority of indigenous tribes to govern themselves within the borders of the United States
- Tribes possess all powers of self-government except those relinquished under treaty with the United States, those that Congress has expressly extinguished, and those that federal courts have ruled are subject to existing federal law or are inconsistent with overriding national policies
- Tribal sovereignty ensures that any decisions about the tribes with regard to their property and citizens are made with their participation and consent
- Tribal constitutions outline the structure, duties, and powers of the tribal government (legislative, executive, and judicial branches)
Federal Legislation and Court Decisions
- The of 1934 (IRA) encouraged tribes to adopt constitutions and engage in self-government, ending the allotment era and promoting tribal sovereignty
- The IRA provided a framework for tribes to establish their own governments, draft constitutions, and manage their own affairs
- (1978) reinforced tribal sovereignty by holding that tribes have the authority to determine their own membership criteria and that federal courts lack jurisdiction to hear cases related to tribal membership decisions
- This landmark Supreme Court decision recognized the importance of tribal sovereignty and the right of tribes to self-govern without interference from federal courts
Scope of Tribal Jurisdiction
- refers to the authority of tribal governments to make and enforce laws within their territories
- Tribes have jurisdiction over their citizens, lands, and resources within the boundaries of their reservations
- Tribal jurisdiction may extend to non-members in certain circumstances, such as when they enter into consensual relationships with the tribe or its members, or when their conduct threatens the political integrity, economic security, or health and welfare of the tribe
- Tribes have concurrent jurisdiction with the federal government in some areas (criminal jurisdiction), while in others, their jurisdiction is exclusive (civil jurisdiction)
Tribal Membership Criteria
Blood Quantum and Lineal Descent
- Blood quantum refers to the degree of Indian blood an individual possesses, expressed as a fraction (1/4, 1/2)
- Many tribes use blood quantum as a criterion for membership, requiring a minimum degree of Indian blood for enrollment
- Lineal descent is another common criterion, where individuals must prove direct descent from an ancestor who was a tribal member or was listed on a specific tribal roll (base roll)
- Some tribes use a combination of blood quantum and lineal descent to determine eligibility for membership
Tribal Citizenship Requirements
- Each federally recognized tribe has the authority to determine its own membership criteria and enrollment procedures
- criteria may include blood quantum, lineal descent, residency on the reservation, cultural or language proficiency, or other factors deemed important by the tribe
- The (CDIB) is an official document issued by the Bureau of Indian Affairs that certifies an individual's degree of Indian blood and tribal affiliation
- While the CDIB is often used as proof of Indian ancestry, it does not guarantee tribal membership, as each tribe sets its own enrollment requirements
Tribal Enrollment and Citizenship
Enrollment Process and Disenrollment
- is the process by which individuals apply for and are granted membership in a federally recognized tribe
- Prospective members must submit an enrollment application along with supporting documents (birth certificates, CDIB, proof of lineage) to the tribe's enrollment office
- Tribal enrollment committees review applications and make decisions based on the tribe's specific enrollment criteria
- is the process of revoking an individual's tribal membership, often due to fraudulent enrollment, failure to meet membership criteria, or violations of tribal laws or policies
Rights and Privileges of Tribal Citizenship
- Tribal members are entitled to certain rights and privileges, which may include access to healthcare, education, housing, and social services provided by the tribe
- Tribal members may also have the right to vote in tribal elections, run for tribal office, and participate in cultural events and ceremonies
- Some tribes offer per capita payments (distribution of gaming revenues) or other financial benefits to their enrolled members
- is possible for individuals who meet the membership criteria of multiple tribes, allowing them to hold citizenship in more than one tribe simultaneously
Key Terms to Review (21)
Blood quantum: Blood quantum refers to the measurement of the degree of Native American ancestry an individual possesses, often expressed as a fraction or percentage. This concept plays a crucial role in determining membership and citizenship within various Indian tribes, influencing eligibility for tribal enrollment and access to certain rights and benefits associated with tribal identity.
Certificate of Degree of Indian Blood: A Certificate of Degree of Indian Blood is an official document issued by a tribe or the federal government that verifies an individual's degree of Indian blood or ancestry. This certificate is essential for determining eligibility for tribal membership, access to certain federal benefits, and participation in tribal programs. It serves as a crucial link between individuals and their tribal heritage, often playing a significant role in issues of identity and rights within the context of tribal citizenship.
Cultural preservation: Cultural preservation refers to the efforts made to protect, maintain, and revitalize the cultural heritage of a community, particularly for Indigenous populations. This involves safeguarding languages, traditions, practices, and sacred sites that hold significant meaning and identity for these communities, ensuring their survival and continuity amidst external pressures.
Disenrollment: Disenrollment is the process by which an individual is removed from a tribe's membership rolls, resulting in the loss of tribal citizenship and associated rights. This action can stem from various reasons, including non-compliance with tribal membership criteria, such as blood quantum or residency requirements. Disenrollment raises critical issues related to identity, sovereignty, and the often contentious nature of tribal governance.
Dual citizenship: Dual citizenship is the status of being a citizen of two countries simultaneously, allowing individuals to enjoy the rights and responsibilities of both nations. This status can lead to complexities in legal rights, taxation, and obligations, especially when it comes to issues like military service or voting. In the context of membership and citizenship in Indian tribes, dual citizenship raises important questions about the intersection of tribal affiliation and national identity.
Federal recognition: Federal recognition is the acknowledgment by the United States government of a Native American tribe as a sovereign entity, which grants the tribe certain rights and privileges under federal law. This status is crucial as it impacts a tribe's ability to govern itself, manage its resources, and access federal funds. Recognized tribes can establish their own governance structures, define their membership criteria, and have their court judgments recognized by federal authorities.
Indian Reorganization Act: The Indian Reorganization Act (IRA), enacted in 1934, aimed to reverse the assimilation policies of the previous allotment era and restore tribal sovereignty by promoting self-governance and economic development for Native American tribes. This act provided a framework for tribes to create their own governments and manage their lands, marking a significant shift in federal Indian policy.
Lineal descent: Lineal descent refers to the direct line of ancestry from an individual to their ancestors and descendants, establishing a blood relationship through generations. This concept is crucial in determining membership and citizenship in Indian tribes, as many tribes use lineal descent as a basis for recognizing tribal affiliation and heritage. Understanding lineal descent helps clarify the criteria for tribal enrollment and the importance of familial ties within Indigenous communities.
Matthew L.M. Fletcher: Matthew L.M. Fletcher is a prominent legal scholar known for his work on Native American law and issues related to tribal citizenship and membership. His research focuses on how tribes define their own membership criteria and the implications of these definitions in the context of federal Indian law. Fletcher's insights contribute significantly to understanding the complex relationship between tribal sovereignty and the legal status of individuals within tribes.
Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe: Oklahoma Tax Commission v. Citizen Band Potawatomi Indian Tribe is a landmark case from 1991 in which the U.S. Supreme Court ruled that states cannot impose taxes on tribal entities engaged in business on tribal land without a clear congressional intent to do so. This decision solidified the principle of tribal sovereignty and clarified the relationship between state and tribal governments, particularly regarding taxation and economic activities.
Robert N. Clinton: Robert N. Clinton is a prominent legal scholar known for his work in Native American law, particularly regarding tribal sovereignty and federal-tribal relations. His writings explore the intricacies of membership and citizenship in Indian tribes, as well as the complexities surrounding off-reservation rights and state regulation of tribal matters. Clinton's contributions help clarify the legal landscape that shapes the rights of Native American tribes and their members.
Santa Clara Pueblo v. Martinez: Santa Clara Pueblo v. Martinez is a landmark U.S. Supreme Court case from 1978 that upheld the right of Indian tribes to establish their own membership criteria, affirming tribal sovereignty. The case specifically dealt with the Santa Clara Pueblo's decision to deny membership to the children of female members who married outside the tribe while allowing similar rights for male members, highlighting issues of gender discrimination and tribal authority.
Self-Determination: Self-determination refers to the right of individuals and communities, particularly indigenous peoples, to determine their own political status and pursue their economic, social, and cultural development. This principle empowers tribes to govern themselves, make their own decisions, and control their own resources, reflecting a fundamental aspect of tribal sovereignty.
Treaty of Fort Laramie: The Treaty of Fort Laramie, signed in 1851, was an agreement between the United States government and various Native American tribes to establish peace and define tribal territories. This treaty marked a significant moment in U.S.-Native American relations, as it aimed to limit conflict over land use, but also set the stage for future treaties that would further erode tribal sovereignty and rights.
Treaty of Greenville: The Treaty of Greenville was an agreement signed in 1795 between the United States and various Native American tribes, marking a significant moment in U.S. expansion and Native American land rights. It followed the Battle of Fallen Timbers and aimed to establish peace between the parties while ceding large tracts of territory in present-day Ohio to the U.S., influencing subsequent policies during the Allotment and Assimilation Era and shaping membership dynamics within Indian tribes.
Tribal citizenship: Tribal citizenship refers to the legal status of individuals recognized as members of a Native American tribe, allowing them to participate in the tribe's governance and access its resources. This concept is essential as it establishes the criteria for membership and connects individuals to their cultural identity, rights, and responsibilities within their tribal community.
Tribal Constitution: A tribal constitution is a governing document that outlines the structure, powers, and functions of a Native American tribe's government. It serves as a foundational legal framework for self-governance and sovereignty, establishing the rights and responsibilities of tribal members, the organization of tribal leadership, and the processes for enacting laws and policies.
Tribal enrollment: Tribal enrollment refers to the process by which individuals are officially recognized as members of a Native American tribe. This process typically involves meeting specific criteria established by the tribe, such as demonstrating lineage or cultural ties, and results in individuals gaining certain rights and benefits associated with tribal membership. Understanding tribal enrollment is crucial as it influences access to resources, participation in tribal governance, and eligibility for federal services.
Tribal jurisdiction: Tribal jurisdiction refers to the legal authority that Native American tribes have over their own members and territory, allowing them to enact and enforce laws, regulate activities, and maintain order within their communities. This concept is crucial in defining the boundaries of tribal sovereignty and interacts with federal and state law in complex ways.
Tribal sovereignty: Tribal sovereignty refers to the inherent authority of Indigenous tribes to govern themselves, make their own laws, and manage their internal affairs without external interference. This concept is foundational for recognizing tribes as distinct political entities, and it connects deeply with historical and contemporary legal frameworks surrounding Indigenous rights and governance.
U.S. v. Antelope: U.S. v. Antelope is a significant Supreme Court case from 1980 that addressed issues regarding the jurisdiction of federal law over Indian tribes in relation to hunting and fishing rights. This case highlighted the complexities surrounding the recognition of tribal sovereignty and membership, establishing that federal law could apply to Native Americans under certain circumstances while also emphasizing the importance of tribal laws and regulations.