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Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
A study of the role blood quantum played in the assimilation period between 1887 and 1934 in the United States.
"I have been painted and painted others with the deep blood-red earth paint, which is the symbol of life. We call this paint ma etom, which is a derivative of the word for blood, ma e. Ma e, blood, is essential for life." Dr. Henrietta Mann, from the foreword A person's blood quantum is defined as the percentage of their ancestors who are documented as full-blood Native Americans. The U.S. federal government uses a blood quantum minimum as a measure of "Indian" identity to manage tribal enrollments and access to cultural and social services. Evidence suggests that if current demographic trends continue, within a few generations tribes will legally disappear. The forces of modern intermarriage and urbanization are resulting in fewer individuals who can legally meet blood quantum requirements. Through essays, personal stories, case studies, satire, and poetry, a lauded collection of international contributors will explore blood quantum as biology and as cultural metaphor. They will explain the history of the law and how it may result in the devastation of tribal culture and the perpetuation of tribal discrimination in the U.S. and beyond. Featuring diverse and talented Native voices representing different generations, backgrounds and literary styles, Blood Quantum Quandaries: Who Are We? seeks answers to the most critical issue facing Native Americans and all indigenous populations in the 21st century and hopes to redefine the meaning of cultural citizenship. "
Named a Most Anticipated Book of 2023 by The Millions “Slender and poetic…mov[es] with ease from memoir to Native history to myth and back again.” —Maud Newton, New York Times Book Review A vibrant new voice blends Native folklore and the search for identity in a fierce debut work of personal history. Leah Myers may be the last member of the Jamestown S’Klallam Tribe in her family line, due to her tribe’s strict blood quantum laws. In this unflinching and intimate memoir, Myers excavates the stories of four generations of women in order to leave a record of her family. Beginning with her great-grandmother, the last full-blooded Native member in their lineage, she connects each woman with her totem to construct her family’s totem pole: protective Bear, defiant Salmon, compassionate Hummingbird, and perched on top, Raven. As she pieces together their stories, Myers weaves in tribal folktales, the history of the Native genocide, and Native mythology. Throughout, she tells the larger story of how, as she puts it, her “culture is being bleached out,” offering sharp vignettes of her own life between White and Native worlds: her naïve childhood love for Pocahontas, her struggles with the Klallam language, the violence she faced at the hands of a close White friend as a teenager. Crisp and powerful, Thinning Blood is at once a bold reclamation of one woman’s identity and a searingly honest meditation on heritage, family, and what it means to belong.
Who is a Native American? And who gets to decide? From genealogists searching online for their ancestors to fortune hunters hoping for a slice of casino profits from wealthy tribes, the answers to these seemingly straightforward questions have profound ramifications. The rise of DNA testing has further complicated the issues and raised the stakes. In Native American DNA, Kim TallBear shows how DNA testing is a powerful—and problematic—scientific process that is useful in determining close biological relatives. But tribal membership is a legal category that has developed in dependence on certain social understandings and historical contexts, a set of concepts that entangles genetic information in a web of family relations, reservation histories, tribal rules, and government regulations. At a larger level, TallBear asserts, the “markers” that are identified and applied to specific groups such as Native American tribes bear the imprints of the cultural, racial, ethnic, national, and even tribal misinterpretations of the humans who study them. TallBear notes that ideas about racial science, which informed white definitions of tribes in the nineteenth century, are unfortunately being revived in twenty-first-century laboratories. Because today’s science seems so compelling, increasing numbers of Native Americans have begun to believe their own metaphors: “in our blood” is giving way to “in our DNA.” This rhetorical drift, she argues, has significant consequences, and ultimately she shows how Native American claims to land, resources, and sovereignty that have taken generations to ratify may be seriously—and permanently—undermined.
Professors Haines and Steckel bring together leading scholars to present an expansive population history of North America from pre-Columbian times to the present. Covering the populations of Canada, the United States, Mexico, and the Caribbean, including two essays on the Amerindian population, this volume takes advantage of considerable recent progress in demographic history to offer timely, knowlegeable information in a non-technical format. A statistical appendix summarizes basic demographic measures over time for the United States, Canada, and Mexico.
The Rights of Indians and Tribes is the most popular resource in the field of Federal Indian Law and explains this complex subject in a clear and easy-to-understand way. Using a question-and-answer format, the book covers every important subject impacting Indians and tribes today. The fifth edition includes a Foreword by John Echohawk, Director of the Native American Rights Fund, discusses new legislation, and is updated with hundreds of court decisions that have taken place since the previous edition.
This book contains sensitive material. It is not available for viewing without prior permission of the current head of the Indigenous Cultures Department.