Constitutional law: Individual rights - Voting rights (Part 3 of 4 - Native Americans)

Native American people.

From 1778 to 1871, the government tried to resolve its relationship with the various native tribes by negotiating treaties. These treaties formed agreements between two sovereign nations, stating that Native American people were citizens of their tribe, living within the boundaries of the United States. The treaties were negotiated by the executive branch and ratified by the U.S. Senate. It said that native tribes would give up their rights to hunt and live on huge parcels of land that they had inhabited in exchange for trade goods, yearly cash annuity payments, and assurances that no further demands would be made on them. Most often, part of the land would be "reserved" exclusively for the tribe's use.

Throughout the 1800s, many native tribes gradually lost claim to the lands they had inhabited for centuries through the federal government's Indian Removal policy to relocate tribes from the Southeast and Northwest to west of the Mississippi River. European-American settlers continued to encroach on western lands. Only in 1879, in the Standing Bear trial, were American Indians recognized as persons in the eyes of the United States government. Judge Elmer Scipio Dundy of Nebraska declared that Indians were people within the meaning of the laws, and they had the rights associated with a writ of habeas corpus. However, Judge Dundy left unsettled the question as to whether Native Americans were guaranteed US citizenship.

Although Native Americans were born within the national boundaries of the United States, those on reservations were considered citizens of their own tribes, rather than of the United States. They were denied the right to vote because they were not considered citizens by law and were thus ineligible. Many Native Americans were told they would become citizens if they gave up their tribal affiliations in 1887 under the Dawes Act, which allocated communal lands to individual households and was intended to aid in the assimilation of Native Americans into majority culture. This still did not guarantee their right to vote. In 1924, the remaining Native Americans, estimated at about one-third, became United States citizens through the Indian Citizenship Act. Many western states, however, continued to restrict Native American ability to vote through property requirements, economic pressures, hiding the polls, and condoning physical violence against those who voted. Since the late 20th century, they have been protected under provisions of the Voting Rights Act as a racial minority, and in some areas, language minority, gaining election materials in their native languages.