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View Diary: Russell Pearce to Deny 14th Amendment Birthright in AZ (266 comments)

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  •  Incidentally, Rogneid's comment above (3+ / 0-)
    Recommended by:
    Desert Rose, lgmcp, royce

    about native Americans is also very important.

    Notwithstanding the apparently clear language of the 14th Amendment, and notwithstanding the 1898 decision in Wong Kim Ark, native Americans were not treated as U.S. citizens generally until as late as the 1940s.  And some might argue they are still treated as marginalized, second class citizens in many ways.

    If the U.S. can do that to native Americans, it certainly could do it to undocumented foreigners, alas.

    It is a calling...to do things about injustice.... It helps to have a goal. I've always tried to have one.--Ted Kennedy, True Compass

    by Timaeus on Mon Dec 27, 2010 at 09:58:13 AM PST

    [ Parent ]

    •  Indian Citizenship Act, 1924 (1+ / 0-)
      Recommended by:
      Timaeus

      Native Americans were not seen as subject to the jurisdiction of the US for 14th Amendment purposes at the time the Amendment was ratified. Many Indians did not become US citizens until 1924. Since then, Federal courts have repeatedly upheld their citizenship rights, although the situation for tribal rights is worse.

      •  Yes, the 1924 federal legislation purported (0+ / 0-)

        to grant citizenship to native Americans (although I would have thought they should have qualified under the 14th Amendment). But they weren't permitted to vote in some states until the 1940s.

        I don't know enough about the issue of tribal rights to speak further.

        It is a calling...to do things about injustice.... It helps to have a goal. I've always tried to have one.--Ted Kennedy, True Compass

        by Timaeus on Mon Dec 27, 2010 at 04:13:27 PM PST

        [ Parent ]

        •  When asked in the 19th Cent (0+ / 0-)

          SCOTUS viewed the Indians as only partially subject to US jurisdiction. There were, after all, still a few parts of the United States without much Anglo settlement. By the 1920s, this didn't make sense much longer.

          I'm sure some states tried to stop Indians from voting (not counting things like poll tax that would have disenfranchised some Indians but not others), but as far as I know, the states lost in Federal Court on this, every time.

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