why blood quantum is problematic


The federal government, and specifically the Department of the Interior, issues what is called a "Certified Degree of Indian Blood," and that is a card similar to an ID card. Since the U.S. government was giving the Seminole Nation a limited amount of money for the seized land, the Nation naturally wanted to limit the number of people who received funds. When pressed to identify a crush, I often pick a random guy instead of being honest about any sexual attractions I might have. In other words, when tribes operate along patriarchal, racist, or homophobic lines, should federal and state governments of the United States intervene to protect individual civil liberties, given that tribes are not bound by the U.S. Bill of Rights? Although it remains to be seen whether the pendulum will swing away from the engagement with abolitionist theory that intensified in the wake of the May 2020 murder of George Floyd, a [], 2022 Jorde Symposium: Frederick Douglass and the Two Constitutions: Proslavery and Antislavery, 2021 Jorde SymposiumThe Third Founding: The Rise of Multiracial Democracy and the Authoritarian Reaction Against It, 2022 Public Interest/Public Service Bar Grant Fundraising Campaign. Blood quantum really emerges as a way to trace race between generations of Native people starting at the turn of the 20th century. That was really the underpinning of how we belonged.. For instance, for the Cherokee Nation, membership was generally determined by kinship affiliations to one of the nations clans. But, tribes today of course have to adapt, and blood quantum for some tribes in their view has been a way to preserve their community. Later, they used blood quantum in treaties to limit the number of Native individuals receiving benefits. To eradicate American Indigenous peoples would be to really erase Americas history. The definitions of Indian are inconsistent because the government is constantly reshaping those definitions in order to fit its aims. And today, the ramification is that they do not have that original enrollee [in their past]. Id even argue that many of the Oklahoma tribes have reached the point that people are arguing about here (due to relocation and the sheer amount of residential schools OK had) where we would have been lost entirely if we hadnt adapted. nE$lbVL^bcw|i_0@hDbh`{Ob (q~g3+f^ [!pa4V2anvOweF-jNKY Blood quantum is a concept created by white settlers that refers to the amount of so-called Indian blood that an individual possesses. "The systems are so complicated," she explains, "but it's all part of tribes deciding on their own terms, in their own ways, utilizing their own sovereignty [to decide] what approach is best for them.". WebThe term blood quantum is used to refer to the amount of Alaska Native or American Indian blood a person has. Kylie is a 17-year-old indigenous (Mohawk & Algonquin) girl from Michigan. And again, I think it's helpful to understand the way that blood quantum works through another example that people may be more familiar with and that's the "one drop rule.". Got a Pendleton jacket as a gift and they really got our My brother got featured on the official 7/11 page rocking One of my favourite pieces I've made called "Dancer". Its very important that Native nations consider their power as sovereign nations and their ability to write their own laws and to self-govern., Gabe Galanda sums it up well: Anyone who cares about this country, loves this country, and respects and honors the history of this countrywhether thats an ugly history, a beautiful history, or a combination of bothshould want the Indigenous peoples of these lands to exist in perpetuity. But WHY do tribes want this? Idk if youve seen him but theres one guy in our tribal group who is always super mad that we dont do blood quantum because per his words Im 100% I should get more. But also the fact of the matter is most east coast tribes are very obviously black natives and the racism in native spaces is real asf. If native communities uphold strict blood quantum rules, it is inevitable that enrollment numbers will decline and tribal communities will no longer be viable as sovereign nations. New comments cannot be posted and votes cannot be cast. The question, its need, is ever constant. [2] I have put references to type or amount of blood in quotation marks because they denote social constructs, not biological realities. Some fear that individuals with mixed ancestry self-identify as Indigenous because of a desire to affirm a marginalized ethnic identity and to reap land or health and education benefits. All of the Nations use Blood Quantum as a requirement for membership. Maya Harmon: Membership Development Editor, California Law Review Vol. The varying justifications both for and against blood quantum use suggests that there is no one right legal and social conception of indigeneity. This amount is used to determine the individuals tribal belonging and legal rights. Theyll know about it for sure because the tribes history is part of their history. Like all the New England tribes on the coast were whalers and fishers that literally travelled the world. On these rolls, the Dawes Commission assumed three racial categories: freedmen, intermarried Whites, and Indians by blood. Ones racial classification dictated the size and location of their allotment: Full-blood Natives received small parcels of land while mixed-blood Natives received larger, better tracts of land. She's an amazing scholar. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups. It only exists until we do not. Native Governance Center held a virtual event on blood quantum, Blood Quantum and Sovereignty, in March 2022. They say that I will never amount to anything because Im even whiter, and how stupid my mother and grandfather were for marrying worthless whites. Who gets to tell the story, and what story do they get to tell? My tribe doesn't use blood quantum for obvious reasons. More Comanche babies meant a stronger tribe, and while I was told I had this responsibility both before and after gaining tribal citizenship, Ive never seen it effect my sexual desires or actions. Well, if a tribe has a casino there is a good chance that the tribal members are entitled to percapita payments. Blood quantum was initially a system that the federal government placed onto tribes in an effort to limit their citizenship. Ultimately their decision has to be respected in order to uphold tribal sovereignty. How many tribes ore colonial times were pure. Many Native tribes adopted the same criteria used by the federal government, leading the majority of tribes to have a blood quantum requirement. Taking blood quantum this seriously made me laugh, as did all the imaginary babies. In 1978, a congressional survey found thirty-three separate definitions of Indians in various pieces of federal legislation. This law was used to reduce the civil rights of Indigenous people with or greater blood quantum. The information shared above about the question, 1.Blood Quantum and the White Gatekeeping of Native American , 2.Some Native Americans Fear Blood Quantum is Formula for Paper , 3.Blood Quantum and The Freedmen Controversy: The Implications , 4.Blood Quantum and its role in Native Identity, 5.Real Indians and Fake Indians The Wellian Magazine , TOP 9 why blood quantum is problematic BEST and NEWEST, TOP 8 why blood is dark red BEST and NEWEST, TOP 8 why blood comes from nose BEST and NEWEST, TOP 9 why bloated during period BEST and NEWEST, TOP 8 why blind dates dont work BEST and NEWEST, TOP 9 why bless you after a sneeze BEST and NEWEST, TOP 8 why blend in when i was born to stand out BEST and NEWEST. Many Freedmen did, in fact, have Cherokee ancestry, but because they or their ancestors were enslaved, they lacked the documentation to prove it. She enjoys reading, painting, sewing, and traveling. Blood quantum is a colonizer idea. Uf9ue4_gpfwzzSumK{ ]`j{=tU\;Jq~tWcK#Nps4%Z2xu$ Was the Cherokee Nation's expulsion of black Freedmen an act of tribal sovereignty or of racial discrimination? Join Opinion on Facebook and follow updates on twitter.com/roomfordebate. (If youre enrolled with a particular Native nation and want to switch nations, youll need to unenroll first. Articles Podcast About Donate Contact. Similarly, tribes that have land tend to be more exclusive than tribes that do not. Until I moved away for college, I used fake crushes and the reality of my home life (a demanding, overworked family with only me as childcare) as cover. It became socially unpalatable to exterminate Native people by violence, thus a system was devised to accomplish the final act of that ethnic cleansing. The Dawes Act, passed in 1887, broke up communally-held Native lands into individual parcels, or allotments. Blood quantum, as a way to define native identity, was first seen during the allotment period between 1887 and 1934. The economic implications of this categorization were on display in the 1990s, for example, when the federal government decided to pay the Seminole tribe for land the government seized in 1823. Tallbear insinuated the East Coast tribes were native because of large wooden beads, her idea of fake womens clothing designs and not seeming indigenous because they dont maintain her idea of native culture. I didnt understand how anyone thought to control their sexual attraction in such ways. Sometimes its relatives or close friends. Yes. Thank you for sharing your powerful words. Both restrictive rules could be understood as their ongoing quest to overcome the effects of their colonization and dispossession of their sovereignty and lands. WebThat response sounds like rhetoric ripped straight out of Tucker Carlson because Blood Quantum is a product of white supremacy. Right now most reservation land are trust lands held in trust by the government. In some tribes, people could gain tribal citizenship if they were born in, married or were adopted into, or had long-term residence within the tribal community, or if they assumed cultural norms such as religion and language. For tribes (like mine) who hold strict requirements for citizenship, the proof of your Nativeness often starts with the fraction included on a Certificate of Degree of Indian Blood. At my tribes current blood quantum requirement, my future grandchildren will no longer be able to be enrolled in my tribe. Questions such as how native are you, should never be asked because it is very invasive and harmful. The Freedmen alleged that Seminole Nations decision was partly due to a recommendation from the BIA to the Nation that only blood Seminole[s] should be eligible. Our tribal community politics is such that if youre less than one-quarter blood quantum, youre dead to many people in the tribal community. Their policy of blood quantum eliminated us politically. People dont know about this. Rose Cuison Villazor is an associate professor at Hofstra University Law School and the author of "Blood Quantum Land Laws and the Race Versus Political Identity Dilemma," published in the California Law Review. Blood Quantum, as a way to ascribe Native American membership, has dire consequences. Starting in the 18th century, however, settler encroachments on Native sovereignty pressured Cherokees to adopt settler practices, including slavery, to maintain some semblance of control over their economic and diplomatic affairs. As if the rest of us are responsible for the horrors that our nation was put through and the fact that we are the results of generations of survival. Native nations sovereignty allows them to define their own citizenship criteria; some nations currently using blood quantum are in the process of considering possible alternatives. She's a doctoral candidate at Brown University who specializes in Native American studies, and also a citizen of the Chickasaw Nation. If you want to ensure your future children are enrolled, youre often forced to do the math early in your relationship. Specifically, in the 1974 case of Morton v. Mancari, the Supreme Court held that a federal agencys hiring preferences of American Indians who met particular blood quantum requirements did not violate equal protection principles. Some Freedmen pushed back on this exclusion, including Marilyn Vann, a descendant of the Cherokee Freedmen and President of the Descendants of the Freedmen of the Five Civilized Tribes. And potentially, some of those incentives would be financial gain if the tribe, for example, has gaming revenue or other industries. Due to the blood quantum qualification, many people were ineligible, thereby effectively reducing the Indian holding of land. (Hey America, did yall know that your taxes are already paying for universal healthcare? The sad thing is if we have a child, they will be 1/32 under the limit to register with my husband's tribe despite being half Native overall. Hardly any tribes are looking to move away from a blood quantum regime so I would say that its here to stay. I would argue that in this regard, tribes were influenced by European-Americans to at least some degree. If you're Native American, this controversial term about your blood can affect your identity, your relationships and whether or not you can become a citizen of your tribe. Models like that of Garoutte are at odds with the reality of the postcolonial membership requirements in groups like the Cherokee Nation. Of course, there is a desire on some individuals' part to claim an identity for affirmative-action purposes. 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why blood quantum is problematic