How Native Americans Became Citizens of a Country Built on Their Land
Exploring the 1924 Indian Citizenship Act, its historical context, and the lasting impact of the Dawes Act on Native American sovereignty and rights.
5 minutes · No politics · Just things worth knowing
Transcript
It's Tuesday, June second. On this day in 1924, President Calvin Coolidge signed a law that declared all Native Americans born in the United States to be US citizens. Which sounds like progress until you think about it for more than ten seconds. The United States had existed for a hundred and forty eight years at that point. Native Americans had been on the continent for roughly fifteen thousand. The government that took their land, broke every treaty it ever signed with them, forcibly relocated entire nations, and then spent four decades breaking up their remaining territory and selling it to white settlers finally got around to saying, "OK, you're citizens now." And then didn't give most of them the right to vote. Arizona and New Mexico didn't let Native Americans vote until 1948. We're covering this today because most Americans have no idea this happened, and the questions it raises about sovereignty, citizenship, and who gets to "grant" rights to whom are still playing out right now. To understand why the 1924 Act was less generous than it sounds, you need to know what came before it, and what came before it was the Dawes Act of 1887, which is one of the most destructive pieces of legislation in American history. Before 1887, most tribal nations managed their land communally. Families and clans used specific areas, but the tribe as a whole controlled the territory. The Dawes Act, formally called the General Allotment Act, shattered that system. The federal government carved tribal reservations into individual parcels, gave each head of household a hundred and sixty acres, and then declared everything left over "surplus land" that could be sold to white settlers. The logic, which was stated openly at the time, was that breaking up communal land would force Native Americans to become individual farmers, which would make them "more American," which would solve what Congress called "the Indian problem." The results were catastrophic. Native American land holdings dropped from roughly a hundred and thirty eight million acres in 1887 to forty eight million by 1934. Ninety million acres gone. And the individual allotments didn't work as intended because many of the parcels were too small to farm productively, many recipients had been sent to boarding schools as children and had never learned to farm, and the land itself was often arid or semi-arid. The government had taken two thirds of their remaining land and given them parcels that couldn't sustain a livelihood, then acted surprised when poverty followed. The Dawes Act also introduced something that would haunt tribal governance for over a century: it forced the government to decide who counted as "Indian." To receive an allotment, you had to be on the tribal rolls. To be on the tribal rolls, you had to meet blood quantum requirements set by the federal government. A bureaucracy in Washington was now defining the identity of people whose nations predated the United States by millennia. The Indian Citizenship Act of 1924 was, in part, a response to World War I. Roughly twelve thousand Native Americans had served in the military during the war, fighting for a country that didn't consider them citizens. In 1919, Congress offered citizenship to any Native American veteran who wanted it. By 1924, about two thirds of Native Americans had obtained citizenship through various routes: military service, marriage to a citizen, or accepting a Dawes allotment. The 1924 Act extended citizenship to the remaining third. The Act was one sentence long. It said that all non-citizen Indians born within the United States were hereby declared citizens, and that this citizenship would not affect their rights to tribal property. That second clause was important because many tribal leaders were worried that citizenship was another tool for dissolving tribal identity. If you're a US citizen first and a tribal member second, the argument goes, then the tribe's sovereignty becomes secondary to the federal government's authority. Some tribes didn't want American citizenship. They wanted to be recognized as what they had always been: separate nations with their own governments, their own laws, and their own land. And here's the part that makes the whole thing feel like a very long, very unfunny practical joke: the Act granted citizenship but said nothing about voting. Citizenship and suffrage were treated as separate questions, with voting rights left to the states. And the states, particularly in the Southwest and South, used every tool available to keep Native Americans from the ballot box. Literacy tests. Poll taxes. Residency requirements designed to exclude people living on reservations. Arizona argued that Native Americans living on reservations were "persons under guardianship" and therefore ineligible to vote under the state constitution. That interpretation wasn't overturned until 1948. New Mexico used a similar argument until the same year. Utah didn't fully extend voting rights to Native Americans until 1957. So the timeline looks like this: the government took the land, broke the treaties, forced assimilation through the Dawes Act, lost ninety million acres of tribal territory, and then declared Native Americans citizens of the country that had been built on top of their nations. And even that declaration didn't come with the right to participate in the democracy that now governed their lives. The reason this matters today, and not just as history, is that the legal status of Native American tribes remains one of the most unusual arrangements in the world. There are currently 574 federally recognized tribal nations in the United States. Each one is, legally, a sovereign entity. Tribes have their own governments, their own court systems, their own police forces, and their own laws. They are not states. They are not counties. They are nations that exist within the borders of another nation, governed by a relationship with the federal government that predates the Constitution. This sovereignty is why casinos exist on tribal land. State gambling laws don't apply on sovereign territory. When tribes started building casinos in the 1980s and 1990s, states challenged them in court and lost, because the Supreme Court ruled in California v. Cabazon Band of Mission Indians (kah-bah-ZONE) in 1987 that states couldn't regulate gambling on tribal land. The Indian Gaming Regulatory Act of 1988 formalized the arrangement. Today, tribal gaming generates over forty billion dollars in annual revenue and is the primary economic engine for many reservations. This sovereignty is also why pipeline protests like Standing Rock in 2016 were not just environmental disputes. When the Dakota Access Pipeline was routed through land near the Standing Rock Sioux reservation, the tribe argued that the route threatened their water supply and crossed territory that had been promised to them under the Treaty of Fort Laramie (LAIR-ah-mee) in 1868. The protest became a global story, but the underlying legal question was about sovereignty: does a treaty signed by the United States government with a tribal nation still mean anything, or can the government override it whenever infrastructure demands it? The tension between tribal sovereignty and federal authority has never been resolved, and every few years it surfaces in a new context. Land claims, water rights, child welfare jurisdiction, taxation, environmental regulation. The 1924 Citizenship Act is the legal layer underneath all of it, because it created a dual identity that doesn't quite fit any existing framework. Native Americans are simultaneously citizens of the United States and citizens of sovereign nations that the United States has spent two centuries trying to absorb. The Act that was supposed to simplify the relationship may have made it permanently complicated. So if this comes up in conversation, here's how to think about it. On June 2, 1924, the United States granted citizenship to all Native Americans, a hundred and forty eight years after the country was founded by people who arrived on a continent where roughly fifteen thousand years of civilization already existed. The citizenship came after the Dawes Act had stripped ninety million acres of tribal land, and it didn't include voting rights, which some states withheld until the 1950s. Today, 574 tribal nations exist as sovereign entities within the United States, with their own governments, courts, and laws. That sovereignty is why tribal casinos exist and why pipeline disputes become constitutional crises. The Indian Citizenship Act sounds like a moment of recognition. In context, it was one more chapter in a two-hundred-year project to absorb nations that never asked to be absorbed. The most powerful country in the world granted rights to the people who were here first, and the fact that it had the power to do that tells you everything about who was in control and who wasn't. Stay informed, stay curious, and we'll see you tomorrow.
Prefer your podcast app?
Or wherever else you get your podcasts.
☕ Get today's briefing in your inbox
5 minutes every morning. Interesting things happening in the world — not politics. Unsubscribe any time.
Want streak tracking and saved preferences?