Elk v. Wilkins facts for kids
Quick facts for kids Elk v. Wilkins |
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| Argued April 28, 1884 Decided November 3, 1884 |
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| Full case name | John Elk v. Charles Wilkins |
| Citations | 112 U.S. 94 (more)
5 S. Ct. 41; 28 L. Ed. 643; 1884 U.S. LEXIS 1857
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| Holding | |
| An Indian cannot make himself a citizen of the United States without the consent and the co-operation of the government. | |
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| Case opinions | |
| Majority | Gray, joined by Waite, Miller, Field, Bradley, Matthews, Blatchford |
| Dissent | Harlan, joined by Woods |
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Superseded by
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| Indian Citizenship Act | |
Elk v. Wilkins was an important case decided by the Supreme Court of the United States in 1884. This decision was about whether Native Americans were citizens of the United States.
The case involved a man named John Elk. He was a Winnebago Indian. John Elk was born on an Indian reservation in the United States. Later, he moved away from the reservation to Omaha, Nebraska. There, he said he was no longer part of his tribe. He believed he should be a U.S. citizen because he was born in the country. This idea is called birthright citizenship. It comes from the Fourteenth Amendment to the U.S. Constitution.
On April 5, 1880, John Elk tried to register to vote. But Charles Wilkins, who was the voter registrar in Omaha, stopped him. This led to the court case. The Supreme Court decided that John Elk was not a citizen. They said that even though he was born in the U.S., he was loyal to his tribe when he was born. This meant he was not fully under the control of the United States government.
Later, in 1924, the United States Congress passed the Indian Citizenship Act. This law made all Native Americans citizens of the United States. Even with this new law, the Elk v. Wilkins decision is still important. It helps explain how the 14th Amendment is understood for citizenship questions.
Contents
What Was Elk v. Wilkins?
The Elk v. Wilkins case asked a big question. Could a Native American person become a U.S. citizen just by being born in the U.S.? And could they become a citizen by leaving their tribe and living among non-Native American citizens? This question was about the first part of the Fourteenth Amendment.
John Elk's Story
John Elk was a Native American man from the Winnebago tribe. He was born on land set aside for his tribe. This land was inside the United States. Later, John Elk moved to a city called Omaha, Nebraska. He decided he no longer wanted to be a member of his tribe. He wanted to be a U.S. citizen.
John Elk tried to register to vote in Omaha. But the person in charge of voter registration, Charles Wilkins, said no. Wilkins believed John Elk was not a citizen. This disagreement led to the famous court case.
The Big Question for the Court
At the time, Native American tribes were seen as separate nations. They were within the U.S. borders but had their own governments. The U.S. government dealt with these tribes through treaties. Members of these tribes were loyal to their own tribe. They were not considered part of the general U.S. population.
So, the main question was: If someone was born into a Native American tribe, were they automatically a U.S. citizen? Or did they need to do something else to become a citizen?
How the Supreme Court Decided
The Supreme Court ruled against John Elk. The decision was 7 votes to 2. The Court said that John Elk was not a U.S. citizen.
Why the Court Said No
The Court explained its decision. They said that even though John Elk was born in the U.S., he was born as a member of an Indian nation. This meant he was loyal to his tribe, not to the United States. The Court said that to be a citizen by birth, a person must be "completely subject" to the U.S. government. They must owe "direct and immediate allegiance" to the U.S. John Elk, they argued, owed his loyalty to his tribe first. Because of this, the Court decided he was not "subject to the jurisdiction" of the United States at birth.
Later Changes: The Indian Citizenship Act
The Supreme Court's decision in Elk v. Wilkins meant that most Native Americans were not U.S. citizens. However, this changed later. In 1924, the United States Congress passed the Indian Citizenship Act. This important law finally gave all Native Americans born in the U.S. full U.S. citizenship. Before this act, about two-thirds of Native Americans had already found ways to become citizens.
