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- Title
CONGRESS' POWER TO AFFIRM INDIAN CITIZENSHIP THROUGH LEGISLATION PROTECTING NATIVE AMERICAN VOTING RIGHTS.
- Authors
DOLAN, TOREY
- Abstract
American Indians' path to citizenship and the franchise has not been straightforward nor simple. The legacy of this complicated path bears out today in the myriad of ways that Native Americans lack equitable access to voting in state and federal elections and otherwise face barriers to participating in the body politic that non-Indians do not. Congress has yet to legislate in a manner that protects the right of Native Americans to vote on reservation or addresses the legal complexities of administering elections on Tribal lands. By tracing the history of Indian Citizenship, the role Congress has played in conveying citizenship to American Indians, this article argues that Congress has the ability to pass comprehensive legislation protecting the rights of Native Americans to vote in state and federal elections under its combined election powers and Indian Affairs powers. This article further argues that Congress is obligated to do so as part of its trust responsibility to American Indians.
- Subjects
SUFFRAGE; CITIZENSHIP; ELECTIONS; VOTING; NATIVE Americans
- Publication
Idaho Law Review, 2023, Vol 59, Issue 1, p47
- ISSN
0019-1205
- Publication type
Article