Elk v. Wilkins
Encyclopedia
Elk v. Wilkins, , was a United States Supreme Court case.
John Elk, a Native American
was born on an Indian reservation
and subsequently moved to non-reservation U.S. territory, Omaha
, Nebraska
, where he renounced his former tribal allegiance and claimed citizenship
by virtue of the Citizenship Clause. The case came about when Elk attempted to register to vote on April 5, 1880, and was denied by Charles Wilkins, the named defendant, who was registrar of voters of the Fifth Ward of the City of Omaha.
The question then was, whether an Indian
, born a member of one of the Indian tribes within the United States
, is, merely by reason of his or her birth within the United States, and of his afterwards voluntarily separating him or herself from his or her tribe and taking up his or her residence among white
citizens, a citizen of the United States, within the meaning of the first section of the Fourteenth Amendment
of the Constitution
.
Under the constitution of the United States, Congress
had and exercised the power to regulate commerce with the Indian tribes, and the members thereof, whether within or without the boundaries of one of the states of the Union. The Indian tribes, being within the territorial limits of the United States, were not, strictly speaking, foreign states; but they were alien nations, distinct political communities, with whom the United States might and habitually did deal, as they thought fit, either through treaties made by the president and senate, or through acts of congress in the ordinary forms of legislation. The members of those tribes owed immediate allegiance to their several tribes, and were not part of the people of the United States.
Although “Indian tribes, being within the territorial limits of the United States, were not, strictly speaking, foreign states,” “they were alien nations, distinct political communities,” with whom the United States dealt with through treaties and acts of Congress. Thus, born a member of an Indian tribe, even on American soil, Elk could not meet the allegiance test of the jurisdictional phrase because he “owed immediate allegiance to” his tribe, a vassal or quasi-nation, and not to the United States. The Court held Elk was not “subject to the jurisdiction” of the United States at birth. “The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”
The exclusion of native Americans from citizenship was eventually eliminated by the Indian Citizenship Act of 1924
.
John Elk, a Native American
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
was born on an Indian reservation
Indian reservation
An American Indian reservation is an area of land managed by a Native American tribe under the United States Department of the Interior's Bureau of Indian Affairs...
and subsequently moved to non-reservation U.S. territory, Omaha
Omaha
Omaha may refer to:*Omaha , a Native American tribe that currently resides in the northeastern part of the U.S. state of Nebraska-Places:United States* Omaha, Nebraska* Omaha, Arkansas* Omaha, Georgia* Omaha, Illinois* Omaha, Texas...
, Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
, where he renounced his former tribal allegiance and claimed citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
by virtue of the Citizenship Clause. The case came about when Elk attempted to register to vote on April 5, 1880, and was denied by Charles Wilkins, the named defendant, who was registrar of voters of the Fifth Ward of the City of Omaha.
The question then was, whether an Indian
Native Americans in the United States
Native Americans in the United States are the indigenous peoples in North America within the boundaries of the present-day continental United States, parts of Alaska, and the island state of Hawaii. They are composed of numerous, distinct tribes, states, and ethnic groups, many of which survive as...
, born a member of one of the Indian tribes within the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, is, merely by reason of his or her birth within the United States, and of his afterwards voluntarily separating him or herself from his or her tribe and taking up his or her residence among white
White people
White people is a term which usually refers to human beings characterized, at least in part, by the light pigmentation of their skin...
citizens, a citizen of the United States, within the meaning of the first section of the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
.
Under the constitution of the United States, Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
had and exercised the power to regulate commerce with the Indian tribes, and the members thereof, whether within or without the boundaries of one of the states of the Union. The Indian tribes, being within the territorial limits of the United States, were not, strictly speaking, foreign states; but they were alien nations, distinct political communities, with whom the United States might and habitually did deal, as they thought fit, either through treaties made by the president and senate, or through acts of congress in the ordinary forms of legislation. The members of those tribes owed immediate allegiance to their several tribes, and were not part of the people of the United States.
Although “Indian tribes, being within the territorial limits of the United States, were not, strictly speaking, foreign states,” “they were alien nations, distinct political communities,” with whom the United States dealt with through treaties and acts of Congress. Thus, born a member of an Indian tribe, even on American soil, Elk could not meet the allegiance test of the jurisdictional phrase because he “owed immediate allegiance to” his tribe, a vassal or quasi-nation, and not to the United States. The Court held Elk was not “subject to the jurisdiction” of the United States at birth. “The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance.”
The exclusion of native Americans from citizenship was eventually eliminated by the Indian Citizenship Act of 1924
Indian Citizenship Act of 1924
The Indian Citizenship Act of 1924, also known as the Snyder Act, was proposed by Representative Homer P. Snyder of New York and granted full U.S. citizenship to America's indigenous peoples, called "Indians" in this Act...
.