Elk v. Wilkins
112 U.S. 94, 5 S. Ct. 41, 1884 U.S. LEXIS 1857 (1884)
Rule of Law:
An American Indian born as a member of a recognized tribe is not 'born in the United States and subject to the jurisdiction thereof' under the Fourteenth Amendment. Therefore, such an individual does not automatically become a U.S. citizen merely by severing tribal relations and taking up residence among the general population; citizenship for such individuals can only be granted through naturalization by treaty or statute.
Facts:
- John Elk was an Indian born in the United States and, at birth, was a member of an Indian tribe.
- Elk later voluntarily and completely severed his relationship with his tribe.
- He surrendered himself to the jurisdiction of the United States.
- Elk became a bona fide resident of the city of Omaha in the state of Nebraska.
- He possessed all the state-law qualifications for voting, such as age and residency.
- Charles Wilkins, a registrar of voters in Omaha, refused to register Elk as a qualified voter.
- Wilkins's refusal was based solely on the grounds that Elk was an Indian and therefore not a citizen.
Procedural Posture:
- John Elk sued Charles Wilkins in the Circuit Court of the United States for the District of Nebraska, seeking damages for the refusal to register him to vote.
- Wilkins filed a general demurrer to Elk's petition, arguing that the facts alleged were insufficient to constitute a cause of action because Elk was not a citizen.
- The Circuit Court sustained the demurrer and entered a final judgment dismissing the action.
- Elk, the plaintiff, appealed the judgment of the Circuit Court to the Supreme Court of the United States.
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Issue:
Does an American Indian, born a member of a recognized tribe within the United States, who later voluntarily severs all tribal connections and resides among non-Indian citizens, automatically become a citizen of the United States within the meaning of the Fourteenth Amendment?
Opinions:
Majority - Mr. Justice Gray
No. An American Indian born a member of a tribe does not automatically become a citizen under the Fourteenth Amendment simply by leaving the tribe. The phrase 'subject to the jurisdiction thereof' requires complete political allegiance to the United States at the time of birth, which members of Indian tribes do not possess because they are born with allegiance to their own tribe, an 'alien, though dependent, power.' Indian tribes were historically treated as distinct political communities, and their members were considered wards of the U.S. government who could not change their national status at will. Citizenship for Indians has always been conferred by specific acts of the U.S. government, through treaties or naturalization statutes, not by an individual's unilateral actions. The fact that Congress continued to pass specific laws to naturalize certain Indians after the Fourteenth Amendment's ratification demonstrates that the Amendment was not intended to grant them automatic citizenship.
Dissenting - Mr. Justice Harlan
Yes. An American Indian who severs tribal relations and becomes a resident of a state, subject to its laws and jurisdiction, is a citizen under the Fourteenth Amendment. The phrase 'subject to the jurisdiction thereof' was meant to exclude individuals who were not completely under U.S. law, such as tribal Indians on reservations or children of foreign diplomats. Once Elk left his tribe and subjected himself to the laws and taxes of Nebraska, he came within the complete jurisdiction of the United States and should be considered a citizen. The Civil Rights Act of 1866, a precursor to the amendment, granted citizenship to all persons born in the U.S. except 'Indians not taxed,' implying that Indians who were taxed were indeed citizens. The majority's interpretation robs the amendment of its force and creates a 'despised and rejected class of persons, with no nationality whatever.'
Analysis:
This decision established the controlling legal interpretation that the Fourteenth Amendment's birthright citizenship clause did not apply to Native Americans born into tribal nations. It solidified the legal status of tribal members as non-citizen wards of the federal government, reinforcing Congress's plenary power over Indian affairs. The ruling was a significant impediment to Native American civil rights and assimilation, clarifying that citizenship for this group was a political privilege to be granted by the government, not a right obtained by birth or individual action. This precedent remained in effect until Congress passed the Indian Citizenship Act of 1924, which legislatively granted citizenship to all Native Americans born within the United States.
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