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ERIC Number: EJ751642
Record Type: Journal
Publication Date: 2004
Pages: 32
Abstractor: ERIC
ISBN: N/A
ISSN: ISSN-0161-6463
The Fourteenth Amendment as Related to Tribal Indians: Section I, "Subject to the Jurisdiction Thereof" and Section II, "Excluding Indians Not Taxed"
Beck, George
American Indian Culture and Research Journal, v28 n4 p37-68 2004
The phrase "excluding Indians not taxed" appears in both Article I and the Fourteenth Amendment of the US Constitution. This essay examines the phrases "excluding Indians not taxed" and "subject to the jurisdiction" of sections 1 and 2 of the Fourteenth Amendment as they apply to Indians. This essay, through analysis of constitutional and legislative history, will demonstrate that "tribal" Indians were purposefully excluded from citizenship. The drafters of the Fourteenth Amendment clearly defined "tribal" Indians as "Indians not taxed," as not "subject to the jurisdiction" of the United States. This essay delineates the jurisdictional links between taxation and citizenship and discusses how the courts have repeatedly misconstrued the pertinent phrases. Solid arguments will verify that acts which imposed citizenship on all Indians, contrary to the Fourteenth Amendment prohibition against tribal Indian citizenship, are unconstitutional. Finally, this essay substantiates that "Indians not taxed" was defined to mean that "tribal" Indians are not taxable as long as they remain subject to the jurisdiction of their tribe in any degree and hold tribal allegiance in any degree. (Contains 125 notes.)
American Indian Studies Center at UCLA. 3220 Campbell Hall, Box 951548, Los Angeles, CA 90095-1548. Tel: 310-825-7315; Fax: 310-206-7060; e-mail: sales@aisc.ucla.edu; Web site: http://www.books.aisc.ucla.edu/aicrj.html
Publication Type: Journal Articles; Reports - Evaluative
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fourteenth Amendment; United States Constitution