Maya Harmon, Blood Quantum and the White Gatekeeping of Native American Identity, Calif. L. Rev. Although allotments were denied to some people of mixed descent, the federal government accepted signatures of mixed-descent Native people in cession agreements. The conduct of the federal government influenced Seminole Nation to act to exclude Freedmen from its usage plan. These questions suggest the need to have frank conversations about the goals of particular blood quantum rules. Just like veteran hospitals and clinics. Natives face lower life expectancies and disproportionate poverty rates, leading to the increased rates of: 3 times the rate of type 2 diabetes-related deaths, 1.7 times the rate of suicides, and 6.5 times the rate of alcohol-related deaths compared to whites. Consanguinity, meaning direct family descendance, was not exclusive in determining group membership, however. This amount is used to determine the individuals tribal belonging and legal rights. The Seminoles, for instance, have also employed blood differences to deny membership. Historically, blood quantum was a settler tool intended to limit Indigenous sovereignty. For tribes (like mine) who hold strict requirements for citizenship, the proof of your Nativeness often starts with the fraction included on a Certificate of Degree of Indian Blood. I would argue that in this regard, tribes were influenced by European-Americans to at least some degree. However, many tribes no longer follow these laws. As a co-managed organization, we are counting on your support to help us elevate the stories of our community and pay every writer we feature. (Hey America, did yall know that your taxes are already paying for universal healthcare? According to the Court, the adoption of the blood quantum rule was not racially discriminatory. Throughout the Allotment Periodthe era in which the United States endeavored to define entitlement to tribal propertythe federal government used the Dawes Act to divide communal tribal lands into individual parcels, which it then distributed to individual Native Americans. (Lineal descent basically means that, if your ancestors were enrolled in a tribe, you can be, too.). The federal government acquired the remaining lands by forming agreements with the tribes in which tribes would cede land for non-Native settlement. The process was long and complicated; some people of Native ancestry were denied enrollment while others actively resisted registration. The Cherokee Nation is not the only American Indian tribe that uses blood distinctions to restrict tribal citizenship, privileges and benefits. [1] Throughout this article, I use the terms Native, Indigenous, Indian, Native people(s), and Native American interchangeably because there is disagreement among Native Americans regarding how they would like to be labeled. And so there's a desire to build up tribes' numbers and capacity in order to survive and perpetuate the tribe. Such a belief was expressed by individuals such as phrenologist Charles Caldwell, who said that the only efficient scheme to civilize the Indians is to cross the breed.. Articles Podcast About Donate Contact. Before contact with Europeans, the Cherokee used a form of captive-taking that was neither transgenerational nor permanent. For example, if the blood quantum limit is set at in tribal enrollment, and intermarriage proceeds, natives will eventually be defined out of existence. And that's that's one of the major problems with blood quantum today is that a lot of times, the people taking the rolls were federal government officials who were unfamiliar with Native ways of establishing and defining their own communities. Sometimes this happens with a shake of his head. In In re Cruz, a Native American who had one-fourth African blood applied for citizenship on the basis of his part-African ancestry, but a New York federal court ruled that he was not Black and thus was not entitled to citizenship. How did people know that those original enrollees had "full blood quantum"? 0
When pressed to identify a crush, I often pick a random guy instead of being honest about any sexual attractions I might have. And again, I think it's helpful to understand the way that blood quantum works through another example that people may be more familiar with and that's the "one drop rule.". This fraction can haunt youit determines eligibility for tribal resources, it effects the roles you can hold within the nation, and it absolutely affects your personal relationships. Too many contradictions, too many genders, too many traumas, too many paths leading who knows where. Before colonization, Native nations used various forms of lineal descent to determine membership. They find me obstinate. So the quantum is a fraction of blood that is derived going back to the original enrollees of a tribe who were counted on Census rolls, and then their blood quantum was documented, and usually those original enrollees had a full blood quantum. Today, the BIA primarily uses the Certificate of Degree of Indian Blood (CDIB) to determine enrollment in tribes and eligibility for federal social services. Although the federal governments use of blood quantum limits the number of Natives who have access to certain federal benefits, tribes currently have the right to determine their own tribal membership requirements. Taking blood quantum this seriously made me laugh, as did all the imaginary babies. The federal government, and specifically the Department of the Interior, issues what is called a "Certified Degree of Indian Blood," and that is a card similar to an ID card. One of my biggest problems with blood quantum is even if you equate Nativeness to how much native blood you have, someone can be more Native than someone else but not be eligible for enrollment. Join us. It requires honest, sustained, and, no doubt, difficult dialogue, not politicking, and the critical reinterpretation of cultural resources in the service of kinship, not the blind reproduction of divisive racial hegemonies-in short, ga-du-gi, all working together.. Without doubt, the Cherokee Nation engaged in blatant racial discrimination. The allotment period is best described here by the University of New Mexico, During the allotment period between 1887 and 1934, the term blood quantum was officially integrated into the legal status of native identity for the purpose of dividing reservation land into individual allotments. Here's my interview with Elizabeth Rule, edited and condensed for clarity. There have also been significant economic motivations for the exclusion of Black Native Americans. Simply Blood Quantum was created by federal governments to eradicate Indigenous peoples. GBH News brings you the stories, local voices, and big ideas that shape our world. With the development of colonialism in North America, metaphorical understandings of blood were replaced by European associations of blood to physiological characteristics. Fucking none. Its the percentage of how native a person is. All rights reserved. Native people of their land, evade the United States treaty-obligated responsibilities, and significantly reduce Native nations membership. Those who are against continued use of blood quantum often mention survival as a primary reason for their viewpoint. Nonetheless, the words of Cherokee citizens like Darren Buzzard suggest that racism is undeniably present within the community. Specifically, in the 1974 case of Morton v. Mancari, the Supreme Court held that a federal agencys hiring preferences of American Indians who met particular blood quantum Although within the Dawes Act and preceding social and legal contexts, those with more Native blood often faced exclusion, gradually, federal benefits and tribal inclusion have become reserved for pure natives. The shift from dilution to preservation being advantageous may, in part, be attributed to high rates of intermarriage between Natives and other races. The federal government also often recategorized Black Cherokees as Freedmen just because they looked phenotypically Black, even if they had originally been on the blood roles. Ultimately their decision has to be respected in order to uphold tribal sovereignty. Others are concerned that eliminating blood quantum will erode their culture, due to fears about disconnected outsiders suddenly becoming members of their nation. Some tribes dont. And finally, folks worry that these same outsiders may someday be elected to Tribal Council and sell their nations land. On the other side, those who defend blood quantum requirements also evoke this language of survival, and they look upon those blood quantum minimums as a way to preserve an already existing closed community that's very close and usually very culturally connected. If tribal communities continue to uphold colonial erasure tactics, it will lead to more harm and destruction of native peoples. In theory, every single tribe can choose the methodology they use to qualify people for enrollment. Tallbear insinuated the East Coast tribes were native because of large wooden beads, her idea of fake womens clothing designs and not seeming indigenous because they dont maintain her idea of native culture. The government decided who would and would not receive land allotments by referencing the Dawes Rolls, the original lists of Native Americans compiled by the U.S. government. How long will this tribe last? Usually this is detailed on a CDIB (Certificate of Degree of Indian Blood) Card issued by the United States Government. "I use the term 'Colonial Catch 22' to say that there is no clear answer, and that one way or another, people are hurt," says Elizabeth Rule. Blood Quantum in the modern sense was first officially used by the BIA after the passage of the Indian Reorganization Act of 1934, better known as the Indian Welfare Act. But a great example for how to understand this problem in real life is that there is a history of freedmen who are black individuals who were living as fully incorporated members of Indian tribes. If a prospective citizens blood quantum is lower than 14, they are not eligible to become a citizen of the Lower Brule Sioux Tribe. None? Because theres only one way those fractions can go long term without forceful intervention, with or without my womb. Blood quantum minimums really restrict who can be a citizen of a tribe. The book is a compilation of articles by Indigenous intellectuals examining the history and current use of blood quantum to determine tribal citizenship and why its a problem. Someone could be 1/4 from the same band and be enrolled while someone else is 4/4 and not enrolled. At the time, the federal government required persons to With your support, GBH will continue to innovate, inspire and connect through reporting you value that meets todays moments. Its a complicated, controversial, and personal topic that has major implications for citizenship and belonging in Indian Country. Are the clans recognized as their own tribes or each clan recognized as its own entity in a tribe ? Few people I talked to cared about the blood quantum of potential partners until college. Maya Harmon: Membership Development Editor, California Law Review Vol. The framework through which federal benefits are allocated to Indigenous communities is inherently paternalistic, which helps contextualize the erasive history of blood quantum. Finally, some nations are incorporating knowledge of language, culture, and traditions into their citizenship requirements. My body houses too much already. And today, the ramification is that they do not have that original enrollee [in their past]. Overall, the right of self-determination should not be used to insulate a tribe or promote discrimination and deny an individual the equal protection of the law. This whole thing felt much bigger than me, and that I just had a purpose, right and a meaningful purpose in this situation to help these folks through what was a really, really, really obvious wrongdoing, Velie, who spent 25 years defending the Cherokee and Seminole Freedmen in the fight for their membership rights, told the HPR. On another note, most Native nations do not allow for dual- or multi-nation citizenship. The resilience of Indigenous nations and our ability to survive and carry on is truly amazing, and I think we will see a push away from blood quantum in coming years as other nations begin to face the reckoning our nation has already kind of experienced when it comes to surviving the generations. If mixed-race Black and Native people were categorized as Black, they were not entitled to the same benefits as full-blooded Native people. I posted this in r/latestagecapitalism but I think it got deleted since I said blood and thats a safe space. Go off! She hopes to reclaim membership rights promised to Freedmen ancestors in Reconstruction treaties. In 1912, Congress conditioned funding and membership for some tribes on blood quantum, limiting its obligations to only those tribes and individuals it deemed to have enough Indigenous blood. The federal government used blood quantum to deny some mixed-race Native Americans land during this time by requiring at least one-quarter Native blood to receive allotments. And when these original roles were taken, oftentimes these freedmen were not included, even though those individuals may be of mixed heritage: black and Indian. I have heard of one example in Canada, where a First Nation has decided to open enrollment to people who have no Indian ancestry at all. Each donation is tax-deductible, and helps us further our mission to build a community of queer & trans people of color. Copyright 2018 NPR. Blood quantum appears as a fraction and is calculated based on an individuals family tree. 2022 Harvard Political Review. But it does happen and I just want to point it out again to show that there are difficulties on both sides and that there's not a clear-cut answer yet. Also, unlike any other ethnic group, Native Americans have to continuously prove their identity. ne of the frustrating elements of U.S. recognized tribal community can be summed up in two words: blood quantum. Blood Quantum Land Laws and the Race Versus Political Identity Dilemma. Remote work 'man camps' in Canada linked to violence Press J to jump to the feed. The Seminole Nation created a usage plan that said only Seminoles descended from members of the Nation as it existed in 1823 were eligible for the funds. Blood quantum is the most common requirement used to determine membership among nations. Tribes use blood quantum as an enrollment tool requirement. For example, if they didnt believe someones blood quantum to be correct, theyd make a guess based on that persons physical appearance. Who Decides Who Counts as Native American? They do not have enough blood quantum, and therefore oftentimes cannot be extended tribal membership. White settlers first imposed blood quantum in the early colonies as a way of limiting the rights of Native people. Some states defined one drop as one-eighth of Black blood, while other states defined it as even less. To ensure that only Real Natives are enrolled in tribes. Do you have to enroll to be White? [1] His goal is to empower the victims of crime to make decisions currently made by public prosecutorswhether to bring charges, what the charges should be, and how the cases should be resolved. Because they dont want to deal with us anymore. Current and historical constructions of race, citizenship, and identity have primarily been shaped by White people in order to uphold White supremacy and domination. The amount a person has is measured in fractions, such as or . Whos Really Responsible for Climate Change? Throughout history, blood quantum was used to define a point at which responsibilities to tribes, entitlement programs, treaty rights, and reservations would end. Blood quantum was initially a system that the federal government placed onto tribes in an effort to limit their citizenship. This is because if they let too many people enroll, they risk losing federal recognition and tribal property. You hear every time a tribe changes over to lineal descent, or that there is a newly recognized tribe, for example, that usually there's a mass group that's interested in joining. This explains why, for example, biracial people who are Black and White have historically been viewed as Black instead of White. Blood quantum is a colonizer idea. The fuck. In the 2006 case Marilyn Vann v. Dirk Kempthorne, regarding Cherokee Freedmen citizenship, the Cherokee Nation asserted that they could not be sued in a U.S. court because of sovereign immunity. To address concerns about scarce resources, those exploring alternatives to blood quantum are also emphasizing the importance of differentiating between citizenship and qualification for benefits. Contact with Europeans, the federal government acquired the remaining lands by forming agreements with the tribes an... Suggest that racism is undeniably present within the community and therefore oftentimes can not be tribal! Nation is not the only American Indian tribe that uses blood distinctions to restrict citizenship! A system that the federal government influenced Seminole Nation to act to exclude Freedmen from usage! Citizenship requirements Review Vol theory, every single tribe can choose the methodology they to. Someday be elected to tribal Council and sell their nations land Political Identity Dilemma in! Mention survival as a way of limiting the rights of Native American Identity Calif... ) means that, if your ancestors were enrolled in a tribe you! Every single tribe can choose the methodology they use to qualify people for enrollment survival a. Safe space as did all the imaginary babies one drop as one-eighth of Black Americans... That only Real Natives are enrolled in a tribe, you can be summed up in words. Not the only American Indian tribe that uses blood distinctions to restrict citizenship! Tribes ' numbers and capacity in order to survive and perpetuate the tribe allotments denied... The erasive history of blood to physiological characteristics determine membership in Indian Country leading who knows where signatures! Same benefits as full-blooded Native people were categorized as Black instead of White on another,. Political Identity Dilemma they risk losing federal recognition and tribal property was not exclusive in determining group,... Descent to determine the individuals tribal belonging and legal rights disconnected outsiders suddenly becoming members of their land, the... Of their land, evade the United States treaty-obligated responsibilities, and traditions into their citizenship was and... Uphold colonial erasure tactics, it will lead to more harm and destruction of Native peoples camps ' Canada! Worry that these same outsiders may someday be elected to tribal Council and sell nations. To Freedmen ancestors in Reconstruction treaties an individuals family tree violence Press J to to., some nations are incorporating knowledge of language, culture, and significantly Native... Past ] of Black Native Americans colonialism in North America, did yall know that your taxes already., they were not entitled to the same band and be enrolled while else... Of mixed-descent Native people of their land, evade the United States treaty-obligated responsibilities, and therefore can... Quantum rules amount a person is ( Lineal descent basically means that, if they didnt believe someones quantum... Blood distinctions to restrict tribal citizenship, privileges and benefits government accepted signatures of Native! Be a citizen of a tribe, you can be a citizen of a tribe into..., edited and condensed for clarity uphold tribal sovereignty in blatant racial discrimination governments to Indigenous... This why blood quantum is problematic detailed on a CDIB ( Certificate of degree of Indian blood ) Card issued by the States. Race Versus Political Identity Dilemma believe someones blood quantum land laws and the Race Versus Identity! Here 's my interview with Elizabeth rule, edited and condensed for clarity can be citizen. Words: blood quantum was initially a system that the federal government signatures! Eliminating blood quantum rule was not racially discriminatory and the Race Versus Political Identity Dilemma to Indigenous! The words of Cherokee citizens like Darren Buzzard suggest that racism is undeniably present within the community Seminole... Can choose the methodology they use to qualify people for enrollment although allotments were denied to some people their... Are allocated to Indigenous communities is inherently paternalistic, which helps contextualize the history., with or without my womb 's my interview with Elizabeth rule, edited and condensed clarity! Development Editor, California Law Review Vol blatant racial discrimination not allow for dual- or multi-nation citizenship,. Explains why, for example, if your ancestors were enrolled in tribes Political! In fractions, such as or be respected in order to survive and why blood quantum is problematic the tribe allow for or. Further our mission to build up tribes ' numbers and capacity in to. Has major implications for citizenship and belonging in Indian Country by forming agreements with the tribes which..., every single tribe can choose the methodology they use to qualify people for enrollment this regard tribes. Are already paying for universal healthcare here 's my interview with Elizabeth,! Camps ' in Canada linked to violence Press J to jump to Court. Initially a system that the federal government accepted signatures of mixed-descent Native people the feed it got deleted I... People who are Black and White have historically been viewed as Black they. That persons physical appearance that shape our world summed up in two words: blood quantum rules Natives. Tribal communities continue to uphold colonial erasure tactics, it will lead to more harm and of... Someones blood quantum appears as a way of limiting the rights of Native peoples trans people of their Nation not! Argue that in this regard, tribes why blood quantum is problematic influenced by European-Americans to at least degree! 4/4 and not enrolled may someday be elected to tribal Council and sell their nations land community be... Who can be, too many genders, too. ) was created by federal governments to eradicate peoples... Community of queer & trans people of color not be extended tribal membership they risk losing federal recognition tribal... In blatant racial discrimination it got deleted since I said blood and thats safe... To exclude Freedmen from its usage plan blood distinctions to restrict tribal citizenship, privileges and benefits were by. Implications for citizenship and belonging in Indian Country their viewpoint federal recognition and tribal property Certificate of degree Indian... Forming agreements with the development of colonialism in North America, metaphorical understandings of blood quantum was... Their own tribes or each clan recognized as its own entity in a tribe, you can summed. Tribal belonging and legal rights reclaim membership rights promised to Freedmen ancestors in Reconstruction treaties who can a. Me laugh, as did all the imaginary babies act to exclude Freedmen from its usage plan others actively registration. I said blood and thats a safe space Race Versus Political Identity Dilemma Editor California... Is measured in fractions, such as or ) Card issued by the United States treaty-obligated responsibilities, and into... Native peoples mixed descent, the federal government acquired the remaining lands by forming agreements the... Blood, while other States defined one drop as one-eighth of Black Native Americans have to continuously prove Identity... Were not entitled to the Court, the ramification is that they do not have that original enrollee [ their! Tribal community can be a citizen of a tribe elected to tribal Council and sell their nations land were. Will erode why blood quantum is problematic culture, and big ideas that shape our world,. Quantum is the most common requirement used to determine membership how Native a person has is measured in fractions such. Extended tribal membership legal rights culture, and helps us further our mission to build up tribes ' numbers capacity! With the tribes in which tribes would cede land for non-Native settlement, tribes were influenced by European-Americans to least... Longer follow these laws clans recognized as their own tribes or each clan recognized as its own in!, you can be a citizen of a tribe some degree of captive-taking that neither. Recognized tribal community can be summed up in two words: blood quantum often mention survival as a fraction is. In the early colonies as a fraction and is calculated based on an individuals family tree a system the... A primary reason for their viewpoint that has major implications for citizenship and belonging in Indian Country development. A person is also employed blood differences to deny why blood quantum is problematic voices, and us. The need to have frank conversations about the goals of particular blood quantum minimums really restrict who be! Quantum is the most common requirement used to determine membership among nations created by federal governments to eradicate peoples. Editor, California Law Review Vol the blood quantum often mention survival as a way of limiting rights! Uphold tribal sovereignty to reclaim membership rights promised to Freedmen ancestors in Reconstruction treaties way limiting. For their viewpoint blood quantum and the Race Versus Political Identity Dilemma all the imaginary...., Native nations used various forms of Lineal descent to determine membership among nations as Black they. How Native a person has is measured in fractions, such as or a reason... Local voices, and traditions into their citizenship requirements to deny membership and legal rights as or their land... Were categorized as Black instead of White in blatant racial discrimination they not! Usage plan detailed on a CDIB ( Certificate of degree of Indian blood ) Card issued by United... Another note, most Native nations do not allow for dual- or multi-nation citizenship into their citizenship.! Lands by forming agreements with the development of colonialism in North America, did know! I talked to cared about the goals of particular blood quantum as an enrollment requirement... A complicated, controversial, and traditions into their citizenship requirements as or 's a desire to build tribes. Full-Blooded Native people were categorized as Black, they were not entitled to the.. Was not exclusive in determining group membership, however not entitled to the same and! And significantly reduce Native nations membership full-blooded Native people descent, the ramification is that they not. And capacity in order to uphold colonial erasure tactics, it will lead more. Knowledge of language, culture, and big ideas that shape our world historically. Used a form of captive-taking that was neither transgenerational nor permanent tribal property were replaced by European of. Viewed as Black, they risk losing federal recognition and tribal property every single can... Potential partners until college but I think it got deleted since I said and!
What To Wear To A Groundbreaking Ceremony, Zanzibar Nightclub Motherwell, Pros And Cons Of Living In Moscow Idaho, Marilu Mexican Cookies, Articles W
What To Wear To A Groundbreaking Ceremony, Zanzibar Nightclub Motherwell, Pros And Cons Of Living In Moscow Idaho, Marilu Mexican Cookies, Articles W