Elk v. Wilkins

Elk v. Wilkins
Supreme Court of the United States
Argued April 28, 1884
Decided November 3, 1884
Full case nameJohn Elk v. Charles Wilkins
Citations112 U.S. 94 (more)
5 S. Ct. 41; 28 L. Ed. 643; 1884 U.S. LEXIS 1857
Holding
An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the government.
Court membership
Chief Justice
Morrison Waite
Associate Justices
Samuel F. Miller · Stephen J. Field
Joseph P. Bradley · John M. Harlan
William B. Woods · Stanley Matthews
Horace Gray · Samuel Blatchford
Case opinions
MajorityGray, joined by Waite, Miller, Field, Bradley, Matthews, Blatchford
DissentHarlan, joined by Woods

Elk v. Wilkins, 112 U.S. 94 (1884), was a United States Supreme Court landmark 1884 decision[1][2] with respect to the citizenship status of Indians.[3]

John Elk, a Winnebago Indian, was born on an Indian reservation within the territorial bounds of United States. He later resided off-reservation in Omaha, Nebraska, where he renounced his former tribal allegiance and claimed birthright citizenship by virtue of the Citizenship Clause of the Fourteenth Amendment.[4] The case came about after Elk tried to register to vote on April 5, 1880 and was denied by Charles Wilkins, the named defendant, who was registrar of voters of the Fifth ward of the City of Omaha.

In a 7–2 decision, the Supreme Court ruled that even though Elk was born in the United States, he was not a citizen because he owed allegiance to his tribe when he was born rather than to the United States, and therefore was not subject to the jurisdiction of the United States when he was born. The United States Congress later enacted the Indian Citizenship Act of 1924, which established citizenship for Indians previously excluded by the Constitution.

Though rendered undebatable for its application to native Indians by this law, the majority opinion offered by the Court in this case remains valid for interpretation of future citizenship issues regarding the 14th Amendment.

  1. ^ Rudolph C. Ryser (2012). Indigenous Nations and Modern States: The Political Emergence of Nations Challenging State Power. Routledge. p. 54. ISBN 978-0-415-80853-8. Retrieved June 10, 2020.
  2. ^ Bryan H. Wildenthal (2003). Native American Sovereignty on Trial: A Handbook with Cases, Laws, and Documents. Santa Barbara, California, United States of America; Denver, Colorado, United States of America; Oxford, England, Great Britain: ABC-CLIO. p. 28. ISBN 1-57607-624-5. Retrieved June 10, 2020.
  3. ^ Elk v. Wilkins, 112 U.S. 94 (1884).
  4. ^ Bodayla, Stephen D. (1986). "'Can An Indian Vote?': Elk v Wilkins, A Setback for Indian Citizenship" (PDF). Nebraska History. 67: 372–380. Archived from the original on May 22, 2013. Retrieved December 15, 2010.{{cite journal}}: CS1 maint: unfit URL (link)