11.1 History of Native American Voting Rights
4 min read•july 31, 2024
Native Americans faced a long struggle for voting rights, from colonial exclusion to citizenship in 1924. Even then, many states denied them the vote until mid-20th century, using tactics like and to disenfranchise Native populations.
The provided crucial protections, but challenges persist. Today, Native Americans still face barriers like voter ID laws, redistricting issues, and limited polling access on reservations. The fight for full political participation continues.
Native American Voting Rights: A Historical Journey
Colonial Exclusion to Citizenship
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- Native Americans excluded from voting and citizenship rights during colonial period and early United States years
- Considered members of separate sovereign nations
- Denied basic political rights and representation
- of 1924 granted U.S. citizenship to all Native Americans born in the United States
- Did not automatically confer voting rights
- Created a complex legal status for Native Americans
- Many states continued to deny Native Americans voting rights until mid-20th century
- Used various legal and extralegal means (literacy tests, poll taxes)
- Resulted in widespread disenfranchisement of Native American populations
Civil Rights Era and Beyond
- Voting Rights Act of 1965 provided significant protections for Native American voting rights
- Prohibited discriminatory voting practices (gerrymandering, voter intimidation)
- Required federal oversight in certain jurisdictions with history of discrimination
- decision in 2013 weakened some protections of the Voting Rights Act
- Struck down formula used to determine which jurisdictions required federal preclearance
- Potentially impacted Native American voting rights by removing federal oversight
- Contemporary issues in Native American voting rights persist
- Voter ID laws (requiring specific forms of identification)
- Redistricting (diluting Native American voting power)
- Accessibility of polling places on reservations (long distances, limited transportation)
Federal Laws and Native American Suffrage
Legislative Milestones
- of 1887 tied U.S. citizenship for Native Americans to land ownership and assimilation
- Created complex and inconsistent system of citizenship rights
- Aimed to break up tribal lands and promote individual land ownership
- of 1934 encouraged tribal self-government
- Increased Native American political participation within tribal structures
- Reversed some of the damaging effects of the Dawes Act
- established federal inspection of local voter registration polls
- Helped protect Native American voting rights
- Provided mechanism for oversight and enforcement
- of 2019 proposed to address contemporary challenges
- Aims to improve voting access and representation
- Includes provisions for language assistance and polling place accessibility
Landmark Court Decisions
- (1948) in New Mexico ruled against denying voting rights based on reservation residence
- Challenged the notion that living on a reservation precluded U.S. citizenship rights
- Set important precedent for Native American voting rights
- (1970) upheld Congress's power to ban literacy tests in state and federal elections
- Removed significant barrier to Native American voting
- Recognized federal authority in protecting voting rights across states
Factors Influencing Native American Voting Rights
Cultural and Socioeconomic Barriers
- Concept of complicated application of U.S. citizenship and voting rights
- Created tension between tribal governance and U.S. electoral system
- Led to debates over dual citizenship and political allegiance
- Cultural and linguistic differences created barriers to political participation
- Language barriers in voter education and ballot materials
- Differing cultural concepts of governance and representation
- Economic disparities impacted voter turnout and political engagement
- Limited access to transportation to polling places
- Reduced resources for political organizing and campaigning
Historical and Demographic Shifts
- Racial discrimination and stereotypes influenced policies toward Native American suffrage
- Perpetuated myths about Native Americans' capacity for self-governance
- Led to exclusionary practices in voting and citizenship rights
- Relocation and urbanization of Native Americans in mid-20th century affected political organization
- Changed traditional community structures and voting patterns
- Created new challenges for political representation in urban areas
- Civil Rights Movement of the 1960s provided momentum for Native American voting rights advocacy
- Offered strategies and alliances for political organizing
- Raised national awareness of minority voting rights issues
Effectiveness of Legal and Advocacy Efforts
Organizational and Grassroots Initiatives
- Formation of pan-Indian organizations crucial for national-level advocacy
- founded in 1944
- Provided unified voice for Native American political interests
- Grassroots organizing and voter registration drives increased political participation
- Focused on educating communities about voting rights and processes
- Mobilized Native American voters to increase turnout
- Collaboration between Native American groups and other civil rights organizations strengthened efforts
- Shared resources and strategies (legal expertise, funding)
- Created broader coalition for voting rights protection
Legal Strategies and Ongoing Challenges
- Litigation strategies effective in challenging discriminatory voting practices
- Test cases and class action lawsuits established legal precedents
- Addressed issues like redistricting and voter identification requirements
- Use of Section 203 of Voting Rights Act secured language assistance for Native American voters
- Improved access to electoral process in many communities
- Required bilingual voting materials and interpreters at polling places
- Persistent challenges demonstrate ongoing nature of voting rights struggle
- Voter suppression tactics (closure of polling places, strict ID laws)
- Need for continual legal vigilance to protect and expand voting rights
Key Terms to Review (20)
American Indian Movement: The American Indian Movement (AIM) is a grassroots organization founded in 1968 to advocate for the rights of Native Americans, focusing on issues such as sovereignty, treaty rights, and social justice. AIM emerged during a time of increasing awareness and activism surrounding civil rights and Indigenous issues, and it played a crucial role in reshaping policies related to self-determination and governance.
Ben Nighthorse Campbell: Ben Nighthorse Campbell is a notable Native American politician and former U.S. Senator who served from Colorado, known for his advocacy for Native American rights and issues. His unique background as a member of the Northern Cheyenne Tribe and his experiences as a successful businessman and Olympic athlete shaped his political career and priorities, making him a significant figure in the history of Native American voting rights and representation in government.
Civil Rights Act of 1960: The Civil Rights Act of 1960 was a landmark piece of legislation aimed at ensuring voting rights and combating racial discrimination in the United States. It built upon previous civil rights laws by providing federal oversight of voter registration processes and addressing discriminatory practices that hindered the voting rights of African Americans and other minority groups, including Native Americans. This act was significant in highlighting the ongoing struggle for equitable representation in the electoral process.
Dawes Act: The Dawes Act, enacted in 1887, aimed to assimilate Native Americans into American society by allotting individual plots of land to families while eliminating communal tribal landholdings. This act not only reduced the land held by tribes but also sought to transform Native Americans into independent farmers, reflecting the broader policies of the U.S. government towards Indigenous peoples during this era.
Indian Citizenship Act: The Indian Citizenship Act of 1924 granted U.S. citizenship to Native Americans, recognizing them as full citizens under federal law. This act was a significant milestone in the ongoing struggle for Native American rights and paved the way for political participation and voting rights, though many states found ways to circumvent these rights through various barriers.
Indian Reorganization Act: The Indian Reorganization Act, also known as the Wheeler-Howard Act, was a landmark piece of legislation enacted in 1934 aimed at reversing the assimilationist policies of the Dawes Act and restoring some degree of self-governance and tribal sovereignty to Native American tribes. This act was significant in reshaping federal Indian policy, emphasizing the importance of tribal self-determination and providing mechanisms for tribes to regain control over their lands and governments.
Literacy tests: Literacy tests were assessment tools historically used to determine a person's reading and writing skills, often employed to restrict voting rights, particularly among marginalized groups. These tests were utilized as a means of disenfranchising Native Americans and other minority populations by creating barriers that were often complex and unfairly administered, reinforcing systemic discrimination in the electoral process.
National Congress of American Indians: The National Congress of American Indians (NCAI) is the oldest and largest advocacy organization representing Native American tribes and their interests in the United States. Founded in 1944, it plays a crucial role in addressing issues affecting tribal sovereignty, self-determination, and the protection of treaty rights, while promoting the rights and interests of Indigenous peoples across various legal and political arenas.
Native American Voting Rights Act: The Native American Voting Rights Act is a federal law enacted in 1990 aimed at ensuring that Native Americans have equal access to the voting process. It addresses historical barriers that have disenfranchised Native American populations, including issues related to voter registration, polling places, and language access. This Act is significant in the ongoing struggle for civil rights among Native Americans and seeks to improve participation in elections at all levels of government.
Oregon v. Mitchell: Oregon v. Mitchell was a landmark U.S. Supreme Court case in 1970 that addressed the voting rights of Native Americans, determining whether certain provisions of the Voting Rights Act of 1965 applied to Native American populations living on reservations. This case highlighted the ongoing struggle for Native American voting rights and examined the intersection of federal law and state sovereignty in regard to tribal governance and electoral participation.
Poll taxes: Poll taxes are fees that individuals must pay in order to vote, historically used to restrict voting rights, particularly among marginalized communities. These taxes often disproportionately impacted Native Americans and African Americans, effectively disenfranchising large portions of the population through economic barriers rather than outright legal prohibitions.
Red Power Movement: The Red Power Movement was a political and cultural movement that emerged in the 1960s and 1970s, advocating for the rights and sovereignty of Native American people in the United States. It was characterized by a push for self-determination, social justice, and the revitalization of indigenous cultures, connecting deeply with issues like tribal sovereignty and political activism. This movement sought to address historical injustices, promote voting rights, and dismantle barriers to political participation that Native Americans faced.
Self-determination: Self-determination is the principle that communities, particularly Indigenous peoples, have the right to determine their political status and pursue their economic, social, and cultural development freely. This concept emphasizes autonomy and empowerment, connecting deeply with issues like sovereignty, legal recognition, and the preservation of cultural heritage.
Shelby County v. Holder: Shelby County v. Holder is a landmark 2013 Supreme Court case that invalidated key provisions of the Voting Rights Act of 1965, specifically targeting the formula used to determine which jurisdictions were required to seek federal approval before changing voting laws. This decision has significant implications for voting rights, especially for marginalized communities, including Native Americans, who have historically faced barriers to political participation and representation.
Treaty of Fort Laramie: The Treaty of Fort Laramie, signed in 1851, was an agreement between the United States government and several Native American tribes to establish boundaries for tribal territories and ensure peace between them and settlers. This treaty is crucial in understanding the historical relationships between Native nations and the U.S. government, including issues of sovereignty, recognition, and treaty rights that continue to impact Native communities today.
Treaty of Guadalupe Hidalgo: The Treaty of Guadalupe Hidalgo was a pivotal agreement signed in 1848 that ended the Mexican-American War, resulting in significant territorial gains for the United States. This treaty not only shaped the borders of present-day U.S. territories but also had profound implications for Native American communities and their sovereignty, especially as it related to land rights and governance.
Tribal sovereignty: Tribal sovereignty refers to the inherent authority of indigenous tribes to govern themselves and make decisions regarding their own affairs, free from outside interference. This concept is rooted in the recognition of tribes as distinct political entities with their own laws, governance systems, and cultural practices, which is crucial in understanding their legal rights and responsibilities within the broader framework of U.S. law.
Trujillo v. Garley: Trujillo v. Garley is a landmark case from 1948 that addressed the voting rights of Native Americans in the United States, specifically challenging the exclusion of Indigenous people from participating in elections. The case arose when a group of Native American voters from New Mexico sought to register to vote and faced legal obstacles due to state laws that denied them the right. This case highlighted the systemic barriers that Indigenous people faced and played a crucial role in the broader movement towards recognizing Native American voting rights.
Voting Rights Act of 1965: The Voting Rights Act of 1965 is a landmark piece of federal legislation that prohibits racial discrimination in voting, aiming to enforce the voting rights guaranteed by the 14th and 15th Amendments. This act was a significant response to the civil rights movement and aimed to eliminate barriers that prevented African Americans and other minority groups, including Native Americans, from exercising their right to vote. It marked a crucial turning point in U.S. history, advancing the cause of equality in the electoral process.
Wilma Mankiller: Wilma Mankiller was the first female chief of the Cherokee Nation, serving from 1985 to 1995, and she is recognized as a pioneering leader in Native American politics and community development. Her leadership emphasized self-determination, tribal sovereignty, and the empowerment of indigenous peoples, connecting deeply with various aspects of governance, justice systems, and community rights.