Paul Spruhan on Indian Blood Quantum under the IRA

Paul Spruhan, a clerk for the Navajo Nation Supreme Court, has posted “Indian as Race/Indian as Political Status: Implementation of the Half-Blood Requirement under the Indian Reorganization Act, 1934-1945” on SSRN. This paper was published in the Rutgers Race and the Law Review.

Here’s the abstract:

The paper discusses through archival research the Bureau of Indian Affairs’ program to identify Indians of one-half blood or more under the Indian Reorganization Act from 1934 to 1945. The history of this program is analyzed within the context of the modern Supreme Court’s equal protection jurisprudence concerning whether Indians are a racial group, a political group, or, potentially, something else.

One thought on “Paul Spruhan on Indian Blood Quantum under the IRA

  1. Lance Creeson April 19, 2017 / 10:01 pm

    Hi Paul, Re your Jay Treaty article, Just an FYI, in 1794, there were no Canadian Indians. & All Indians held by the Canadian Gov. thru the 1800`s on Canadian Indian Reservations, were also not Canadian Indians. Indians were not Canadian Citizens, in the late 1800`s, if a Indian held on a Can. Reservation wanted to leave the Res., the Indian had to agree to sign, & take, the Can. Governments ” Discharge From Treaty ” any Status Indian, who signed, or took Discharge Of Treaty, lost their Indian Status. If a Indian born in Canada wanted to become a Canadian Citizen, the Indian had to give up their Indian Status, & was no longer a Indian. I am a North American Plains Cree Indian, who was born in Canada in 1953. In 1953 Indians who were born in Canada, were not Born Canadian Citizens. Nor were they entitled to any rites of Canadian Citizenship, including the right, vote, or the right to own property, etc.. American Indians born in Canada, were denied Canadian Citizenship, until the Canadian Citizen Act Of 1956. The act giving Canadian Citizenship to Indians born in Canada, was retroactive to Jan 1 1947. So when I was born in 1953, I was born an Indian. Not a Canadian, or a Canadian Indian, just an Indian. And even though my Grandfather served in WWI, & my Father in WWII, they too, were never Canadian Indians. Just Indians. Again, I was born an Indian, in Canada in 1953, not a Canadian person, I was not allowed to be a Canadian Citizen until 1956. So when people write & speak about how Canadian Indians, have gained from the Jay Treaty, or the 1928 Free Passage Right, I wonder who these Canadian Indian were. Because until 1956 … we were all just Indians. … Peace Brother

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