Indigenous Governance Database
blood quantum
An Essay on the Modern Dynamics of Tribal Disenrollment
Disenrollment is predominately about race, and money, and an “individualistic, materialistic attitude” that is not indigenous to tribal communities. Because many tribes have maintained the IRA’s paternalistic and antiquated definition of “Indian” vis-a-vis blood quantum (as discussed in “An Essay…
Gila River Indian Community Tribal Constitutional Reform Project
The Gila River Constitutional Reform Task Force created this presentation in conjunction with its comprehensive public information campaign to educate community members about Gila River's recent reform process and the importance of a constitution created by the community.
A Legal History of Blood Quantum in Federal Indian Law to 1935
The paper traces the development of the use of blood quantum, or fractional amounts of Indian blood to define Indian in federal law up to the Indian Reorganization Act of 1934. The paper shows that blood quantum was not widely used in federal law until the twentieth century, as the branches of the…
An Essay on the Federal Origins of Disenrollment
Disenrollment is not indigenous to Native America. It is a creature of the United States. The origins of disenrollment are traced to the United States’ paternalistic assimilation policies of the 1930s. In 1934 the U.S. Congress passed the Indian Reorganization Act (“IRA”), wherein the federal…
Special White Earth Constitutional Reform Issue
As the White Earth Nation prepares for a referendum election to approve or reject the proposed constitution, the Reform Committee has implemented a series of citizen engagement activities that includes a special issue of the tribal newspaper to inform citizens of the election date, proposed changes…
An Anishinaabe Tribalography: Investigating and Interweaving Conceptions of Identity During the 1910s on the White Earth Reservation
This article explores the varied ways in which the Anishinaabeg of White Earth defined themselves during the early twentieth century. It consists of two primary parts. In part 1 I go beyond the artifacts in order to enliven the history, to offer an alternative way of remembering the past. In this…
Understanding the history of tribal enrollment
It's difficult to talk about tribal enrollment without talking about Indian identity. The two issues have become snarled in the twentieth century as the United States government has inserted itself more and more into the internal affairs of Indian nations. Ask who is Indian, and you will get…
Race and American Indian Tribal Nationhood
This article bridges the gap between the perception and reality of American Indian tribal nation citizenship. The United States and federal Indian law encouraged, and in many instances mandated, Indian nations to adopt race-based tribal citizenship criteria. Even in the rare circumstance where an…
Members Only? Designing Citizenship Requirements for Indian Nations
Indian nations' constitutional reform efforts encounter some of their most paralyzing conflicts over criteria for membership. Three years ago, I initiated a Tribal Legal Development Clinic at UCLA, whose purpose has been to assist Indian nations in building their legal infrastructures. This Clinic…
What is Blood Quantum?
This article will explore the history of using blood quantum to categorize American Indian identity. The measuring of blood and the concept of 'Indianness' is a complex and difficult subject...
What is Sustain Oneida?
The population of the Oneida Tribe of Indians of Wisconsin will probably decline within the next 10 years. The Tribe currently faces a diminishing population with an enrollment criteria of 1/4 Oneida blood...
The Will of the People: Citizenship in the Osage Nation
This teaching case tells the story of Tony, one of nine Osage government reform commissioners placed in charge of determining the "will of the people" in reforming the government of the Osage Nation. Because of Congressional law the Osage Nation had been forced into an alien form of government for…