Blood Quantum Laws Canada

Unlike native American racial identity, which generally required a large amount of “Indian blood” to be considered indigenous, throughout history, people were considered black if they had the slightest percentage of “African blood,” a phenomenon called the “drop of water rule.” The drop rule was closely related to the hypodescent rule, in which a mixed-race person is classified as the least socially dominant race of his parents. Some states have defined “a drop” as an eighth of “black blood,” while other states have defined it as even less. This explains why, for example, Burassians who are black and white have always been considered black instead of white. If someone was black and Native American, they were black (unless they applied for U.S. citizenship), no matter how much “Native American blood” they had. But because whiteness was considered an empty racial and cultural category, if someone was white and Indian, they were Indian. Native American tribes located on reserves tend to have higher blood quantity requirements for membership than those on off reserve. [Reference to table] 85 percent of strains that require more than a quarter of blood quality for adherence are based on reserves, compared to less than 64 percent of those that do not have minimum requirements. Reserve tribes were apparently able to maintain exclusive membership by setting higher blood quanta, as the reserve site was generally used to isolate the tribe from non-Indians and mixed marriages with them.

[7] Can you tell me about how the concept of the blood quantum came to be used for indigenous tribes? Since 1942, the Seminoles have sometimes tried to exclude the Black Seminoles from the tribe. The released were listed separately on the Dawes Rolls and were racially segregated in Oklahoma. More recently, the Seminoles have refused to share with them the proceeds of U.S. government land claim settlements dating back to the 20th century. The Center for Constitutional Rights filed an amicus letter addressing the legal case of the Black Seminoles and criticizing some officials in the Bureau of Indian Affairs for cooperating with this discrimination by supporting tribal autonomy in trials. After the American Civil War, the Seminoles were contractually obligated to emancipate slaves and grant black Seminoles all the rights of thoroughbred Indians. [12] What I found most interesting in both arguments – to support and against the quantum demands of blood – is the language of survival. Thus, linear descendants think of elevated belongings through the prism of existence as a right of resistance.

And so there is a desire to build the number and ability of the tribes to survive and perpetuate the tribe. Native American tribes did not officially enforce the Blood Quantum Act until the government introduced the Indian Reorganization Act of 1934 and instead established tribal status based on kinship, ancestry, and family ties. [8] Some tribes, such as the Navajo Nation, did not adopt the type of written constitution proposed in this law until the 1950s. [9] In the face of mixed marriages between tribes, especially those that are closely related and have settled close to each other, critics oppose the federal requirement that individuals identify as belonging to a single tribe when defining the blood quantum. They believe that this reduces a person`s valid membership to more than one tribe and costs some people their qualification as Indians because they have ancestors from more than one tribe, but not 1/4 or more from one tribe. Overall, the number of registered members of many Native American tribes has been reduced due to tribal laws that define and limit the definition of an acceptable blood quantum. A person`s blood quantum is defined as the proportion of their ancestors to their entire ancestors who are documented as thoroughbred Indians. For example, a person who has a relative who is a thoroughbred Indian and who does not have Native American ancestry has a blood quantum of 1/2.

Nations that use blood quanta often do so in combination with other criteria. For example, the Omaha tribe of Nebraska requires a blood quantum of 1/4 Native American and ancestry of a registered ancestor for enrollment, while the Cherokee Nation of Oklahoma has no BQ requirements and only requires linear ancestry of a documented Cherokee ancestor listed on the Dawes Rolls, a specific census roll that still perpetuates racist stereotypes and quantum blood theories. and it replaces other older roles. Other nations have a tiered system, with the Choctaw Nation of Oklahoma using linear ancestry for general registration, but requiring a BQ of “at least a quarter” of anyone who would run for tribal council. [2] But a great example of how to understand this problem in real life is that there is a story of freedmen who are black individuals who lived as fully incorporated members of Native American tribes. And when these original roles were assumed, they were often not included, although these people may be of mixed origin: black and Indian. Due to their black appearance, they were executed on a separate reel.