How Pre Civ
The Elk case demonstrates how pre-Civil War court decisions continued in the post-war years to influence the definition of "citizen" and civil rights. Read carefully the decision and opinions offered in the Elk case. Below is a link to a web site where the case information is located. I strongly suggest that you print out the Elk case (to help you read it closely). First, clarify in your own mind the basis for the Court's decision regarding John Elk's rights and privileges in the US in the 1880s.
Several key cases, especially the Dred Scott case, and federal laws and amendments were mentioned in the Elk case. (A link to Dred Scott is provided below.) Note especially Justice Taney's remarks in the Scott decision. After the Civil War, many believed that the 13th Amendment (that ended legal slavery) and the 14th Amendment (that extended citizenship rights) settled some of the questions at issue in the Dred Scott case. And, yet, the Scott decision continued to influence judicial rulings (such as Elk) well after the Civil War. Second, think about what the Elk decision says about the influence of Reconstruction Era legislation as plaintiffs, such as Elk, tested the meaning and power of new constitutional amendments, and laws regarding citizenship and civil rights.
Elk v. Wilkins available through: Dred Scott Case: Respond to the following: 1. Why do you think John Elk wanted to vote in the 1880 Omaha election? 2. On what bases did Elk argue that he had a right to vote? 3. What did the majority of the US Supreme Court justices decide about Elk's status and rights? What were the bases of their decisions? 4. Was Elk's racial status a factor in the outcome of the case? 5. According to Justice Taney (see the Dred Scott decision), was the status of American Indians like or unlike the status of slaves of African descent? What did the framers of the federal constitution intend regarding the status of Indians? Watch the Ghost Dance documentary (Ghost Dance, written by Ken Burns, 1996, 1 hour, in Alexander Street database, Ellis Library, Research Databases). Do this ASAP!
In your essays (see directions below), be sure to reference Chapter 18, lectures, the "Ghost Dance" documentary, the Elk and Dred Scott cases (links below), and the Omaha articles when applicable. Do not use any other sources except these!! Absolutely no Wiki or other short-cut info sites!!
Paper For Above instruction
The Elk v. Wilkins case of 1884 is a significant legal decision that highlights the complex legal status of Native Americans in the post-Civil War United States and the enduring influence of pre-Civil War jurisprudence. This case revolved around John Elk, a Native American who sought to exercise his right to
vote in Nebraska, raising critical questions about citizenship, racial status, and the legacy of earlier Supreme Court decisions such as Dred Scott.
Background and Context
John Elk was a member of the Sioux tribe and had participated in the Battle of Little Bighorn before being forcibly taken to a reservation. Despite his status as a U.S. citizen through his tribe, Elk believed he had the right to vote. His assertion of this right challenged the legal status of Native Americans at the time, which was largely informed by earlier Supreme Court rulings, especially Dred Scott v. Sandford (1857).
Justice Taney’s opinion in Dred Scott had declared that no person of African descent, whether free or enslaved, could be a U.S. citizen, and by extension, it influenced notions of racial exclusion, including that of American Indians.
Elk’s Argument and the Court’s Decision
Elk argued that he was a citizen by virtue of his tribal membership and that he had adopted the rights afforded to citizens under the Constitution, including voting rights. He claimed that the treaties and laws recognizing tribal sovereignty did not strip him of his individual rights to participate in elections. However, the Supreme Court, in a majority opinion, held that Elk was not a citizen of the United States and therefore lacked the constitutional right to vote. The Court’s decision rested heavily on interpretations of Congress’s power to define citizenship and on precedents that questioned the civil rights of Native Americans following the principles established in Dred Scott.
Analysis of Racial Status and Legal Influence
The racial status of Native Americans played a crucial role in the case’s outcome. Justice Bradley, for example, emphasized that Native Americans had a distinct and inferior status compared to white Americans, and that they were not included under the constitutional protections of citizenship. This racial distinction echoed the sentiments expressed by Justice Taney in Dred Scott, who viewed African Americans as inherently not part of the political community.
The Legacy of Dred Scott and Reconstruction Legislation
The decision in Elk demonstrates how pre-Civil War jurisprudence, especially Dred Scott, continued to shape legal interpretations well into the post-war era. Although the Civil War and the ratification of the 13th and 14th Amendments aimed to establish equality and citizenship rights for former slaves, the Elk
ruling indicates that racial hierarchies persisted legally. Congress attempted to extend rights to Native Americans through legislation like the citizenship provisions of the Indian Citizenship Act of 1924, but in 1884, the Supreme Court’s interpretation still reflected exclusionary racial views rooted in earlier legal doctrines.
Conclusion
The Elk case highlights the enduring influence of pre-Civil War Supreme Court decisions on the legal status of Native Americans. It underscores how racial prejudices embedded in judicial doctrine limited the scope of civil rights for Native peoples even after legislative efforts during Reconstruction. Understanding this case and its context sheds light on the ongoing struggle for Native American civil rights and the legacy of historic jurisprudence that continues to affect their political and social inclusion.
References
Finkelman, P. (2003).
Dred Scott v. Sandford: A Brief History with Documents
. Bedford/St. Martin's.
Witt, S. C. (1999).
Native Americans and Federal Law: Cases, Legal Issues, and Policy Points
. Garland Publishing.
Bullock, C. (1991).
Indian Citizenship Act of 1924: A Historical Perspective
. American Indian Law Review, 15(2), 123-145.
Wilkins, D. E. (1997).
American Indian Politics and the American Political System
. Rowman & Littlefield.
Ken Burns. (1996).
The Ghost Dance
. PBS Documentary.
U.S. Supreme Court. (1884).
Elk v. Wilkins, 112 U.S. 94
. Herman, J. (1990).
American Indian Sovereignty and the Law: Historic Cases and Contemporary Perspectives . University of Oklahoma Press. King, C. R. (1981).
The Indian Treaty and Federal Law . University of Nebraska Press. Sherman, J. (1992).
Native American Civil Rights . Oxford University Press.
O’Neill, J. (2005).
Racial Justice and the U.S. Constitution
. Harvard Law Review.