In June 1924, Congress passed the Indian Citizenship Act, marking a pivotal moment in Native American history. This year, as we approach its 100th anniversary, it’s crucial to understand both the significance of this legislation and its complicated legacy in shaping Native American rights and identity in the United States.

The Path to Citizenship

Before 1924, Native Americans faced a complex and often contradictory legal status. While the 14th Amendment granted citizenship to “all persons born or naturalized in the United States,” Native Americans were specifically excluded. The government considered them members of sovereign tribal nations rather than U.S. citizens. This created a unique paradox: Native Americans were the first inhabitants of the land yet the last to receive citizenship rights.

Some Native Americans could gain citizenship through:

• Serving in World War I
• Receiving allotments of land under the Dawes Act
• Marrying white citizens
• Special treaties

However, these paths were limited and often came with significant compromises to tribal sovereignty and land rights.

The Act and Its Immediate Impact

The Indian Citizenship Act of 1924 (also known as the Snyder Act) declared that “all non-citizen Indians born within the territorial limits of the United States be, and they are hereby declared to be, citizens of the United States.” This granted citizenship to approximately 125,000 Native Americans who hadn’t already gained it through other means.

Key Points About the Act:

• It granted citizenship while preserving tribal rights and property
• Native Americans could maintain dual citizenship with their tribes
• It didn’t require Native Americans to give up their cultural practices
• The Act passed without requiring Native American input or consent

The Long Road After 1924

While the Act granted citizenship on paper, many Native Americans continued to face significant barriers to exercising their rights. Several key legal developments shaped the implementation and interpretation of Native American citizenship rights:

1957: Utah Becomes the Last State to Grant Native Americans Voting Rights

Despite federal citizenship, many states continued to deny Native Americans the right to vote through various legal restrictions and practical barriers. Utah’s decision marked the end of explicit state-level voting prohibitions, though practical obstacles remained.

1968: Indian Civil Rights Act

This legislation extended constitutional rights to tribal governments, including:

• First Amendment protections
• Due process requirements
• Equal protection under tribal laws
• Protection against unreasonable search and seizure

1978: American Indian Religious Freedom Act

This law protected:

• Traditional religious practices
• Access to sacred sites
• Use of religious objects
• Freedom to worship through ceremonies

1990: Native American Languages Act

This legislation represented a significant shift from earlier policies of forced assimilation, recognizing that:

• Native Americans have a right to preserve their languages
• Traditional languages should be protected and promoted
• Native language instruction should be supported in schools

Modern Implications and Ongoing Challenges

Today, Native American citizenship continues to evolve through court decisions and legislation. Key modern issues include:

Tribal Sovereignty

• Balancing tribal self-governance with federal authority
• Protecting tribal jurisdiction in legal matters
• Managing natural resources on tribal lands

Voting Rights

• Addressing voter ID laws that disproportionately affect Native Americans
• Ensuring accessible polling locations on reservations
• Protecting against voter suppression

Educational Rights

• Supporting Native American language programs
• Preserving cultural education
• Improving educational access and outcomes

Teaching Tips for Educators

When discussing the Indian Citizenship Act and its legacy:

1. Connect Past to Present

• Examine how historical policies continue to impact Native communities
• Discuss current events relating to Native American rights
• Analyze ongoing legal challenges and developments

1. Use Primary Sources

• Study the original text of the 1924 Act
• Read Native American perspectives from the time period
• Examine newspaper coverage from different eras

1. Engage Multiple Perspectives

• Include Native American voices and viewpoints
• Discuss both benefits and limitations of the Act
• Consider varying tribal experiences and responses

Conclusion

The Indian Citizenship Act of 1924 represents both progress and paradox in Native American rights. While it granted universal citizenship, the full exercise of citizenship rights required decades of additional struggle and legislative action. As we approach its centennial, the Act serves as a reminder of both how far we’ve come and how much work remains in ensuring full equality and recognition for Native Americans in the United States.

This blog post along with others is part of my Diversity in the Classroom series. Each post is meant to help tell the story of individuals and groups sometimes lost in mainstream history. To read more and see other resources follow this link.