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Broken LandscapeIndians, Indian Tribes, and the Constitution$
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Frank Pommersheim

Print publication date: 2012

Print ISBN-13: 9780199915736

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:osobl/9780199915736.001.0001

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Elk v. Wilkins

Elk v. Wilkins

Exclusion, Inclusion, and the Ambiguities of Citizenship

(p.155) 6 Elk v. Wilkins
Broken Landscape

Frank Pommersheim

Oxford University Press

This chapter tackles the issue of Indian citizenship by looking at statutes and laws enacted prior to the Indian Citizenship Act of 1924. It analyzes the vagueness of the Constitution regarding Indian citizenship and how this started the issue. It looks at how different states handled this by approving treaties that allowed Indian citizenship such as the 1855 Treaty with the Wyandotts and Fort Laramie Treaty of 1868. It also discusses how the General Allotment Act mentions the specifics of allotment in the context of citizenship; the “Citizenship Rittual” oath undertaken by Indians; and the case Elk v. Wilkins, which became one of the reasons behind the Indian Citizenship Act.

Keywords:   Indian Citizenship Act, US Constitution, Wyandotts Treaty, Fort Laramie Treaty, General Allotment Act, Citizenship Ritual, Elk v. Wilkins

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