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Why did the US Supreme Court declare Native Americans to be 'dependent aliens'?
Wiki User
∙ 14y ago
Elk v. Wilkins, 112 US 94 (1884)
the Civil Rights Act of April 9, 1866 declared who shall be citizens of the United States and stated "all persons born in the United States, and not subject to any foreign power, excluding Indians not taxed." 14 Stat. 27; Rev. Stat. § 1992.
So any Indians (not taxed) were not considered to be citizens of the US.
The theory argued in Elk v. Wilkins was that a child born to a foreign ambassador wasn't a citizen of the US due to that child/person having allegiance to another nation. The same idea was used for Native Americans, who supposedly had an allegiance to their tribe and not the US, despite having been born in the US.
Wiki User
∙ 14y ago
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