Oklahoma Enabling Act facts for kids
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| Other short titles | Statehood Act of 1906 |
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| Long title | An Act to enable the people of Oklahoma and of the Indian Territory to form a constitution and State government and be admitted into the Union on an equal footing with the original States; and to enable the people of New Mexico and of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States. |
| Nicknames | Oklahoma Enabling Act of 1906 |
| Enacted by | the 59th United States Congress |
| Effective | June 16, 1906 |
| Citations | |
| Public law | 59-234 (1st session) |
| Statutes at Large | 34 Stat. 267 |
| Codification | |
| Titles amended | 43 U.S.C.: Public Lands |
| U.S.C. sections created | 43 U.S.C. ch. 22 § 944 |
| Legislative history | |
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| United States Supreme Court cases | |
| Sharp v. Murphy McGirt v. Oklahoma |
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The Enabling Act of 1906 was a very important law in United States history. It helped two areas, Indian Territory and Oklahoma Territory, become a single state. This new state was Oklahoma.
The act also allowed the people of New Mexico Territory and Arizona Territory to create their own state governments. It suggested they might become one state. However, they later became separate states.
Contents
How Oklahoma Became a State
Early Plans for Oklahoma
Before 1906, there were two main areas: Oklahoma Territory and Indian Territory. The Oklahoma Organic Act of 1890 first suggested they might become one state.
However, people in Indian Territory wanted to form their own state called State of Sequoyah. This idea was not approved by the U.S. Congress in 1905.
President Roosevelt's Idea
President Theodore Roosevelt then suggested a compromise. He proposed that Indian Territory and Oklahoma Territory should join together. This led to the creation of the Oklahoma Enabling Act. President Roosevelt signed this act into law on June 16, 1906.
On November 16, 1907, President Roosevelt officially announced that Oklahoma was a state.
Rules for Oklahoma's Constitution
The Enabling Act set out several important rules for Oklahoma's new state constitution. These rules helped shape how the state would be governed:
- Who Could Vote: Only U.S. citizens or members of Native American tribes who had lived in the territories for at least six months could vote. They could also take part in the meeting to write the constitution.
- State Capital: The city of Guthrie, Oklahoma was chosen as the temporary capital until 1913. After that, people would vote to pick a permanent capital city.
- Public Schools: The act required a public school system. These schools had to be free from religious control. Classes would be taught in English, but other languages could also be taught.
- Some land was set aside to help fund common schools.
- Other land was set aside to support colleges and universities. This included the University of Oklahoma and agricultural colleges.
- Voting Rights: The new state could never pass a law that stopped people from voting because of their race, color, or if they had been enslaved before.
- Osage County: The Osage Indian Reservation was to become a separate county within the new state.
- Freedom of Religion: People in Oklahoma would have the freedom to practice any religion they chose.
- Marriage Laws: The state had to ban polygamy, which is being married to more than one person at a time.
- Alcohol Sales: For 21 years after Oklahoma became a state, it was against the law to make, sell, or give away alcohol.
- Native American Rights: The act made sure that the rights and property of Native Americans in the territories would be protected. It also stated that the U.S. government could still make laws about Native Americans and their lands.
Equal Footing for States
What "Equal Footing" Means
The idea of "equal footing" means that all new states admitted to the United States should have the same powers and rights as the original states. They should be equal in every way.
Oklahoma's Capital Challenge
The Enabling Act said that Guthrie had to be Oklahoma's temporary capital until 1913. However, Oklahoma City, Oklahoma won an election to become the capital sooner. The capital was moved early.
This led to a court case called Coyle v. Smith. W.H. Coyle, who owned property in Guthrie, sued Oklahoma. He argued that moving the capital early broke the rules of the Enabling Act.
The Supreme Court's Decision
The U.S. Supreme Court looked at the case. They decided that forcing Oklahoma to keep its capital in Guthrie for a certain time took away a power that other states had.
The Supreme Court ruled that this part of the Enabling Act was unconstitutional. It violated the "equal footing" principle. This meant Oklahoma, like all other states, had the right to choose its own capital city.
Arizona and New Mexico Statehood
The Enabling Act of 1906 also tried to help Arizona and New Mexico become states. It suggested they might join together as one state.
However, this plan did not work out. Instead, a different law, the State Enablement Act of 1910, was passed. This new act allowed Arizona and New Mexico to become separate states later on.
Native American Reservations and the Law
Recently, some important court cases have looked at the Oklahoma Enabling Act again. These cases, like McGirt v. Oklahoma, questioned if the Act truly removed the legal status of Native American reservations.
The question was about who had the authority (jurisdiction) over certain lands. If the lands were still considered reservations, federal (U.S. government) laws would apply. If they were not reservations, state laws would apply.
In July 2020, the Supreme Court decided that Congress did not clearly remove the reservation status of these lands in the Enabling Act. This means that for certain legal purposes, these former reservation lands are still considered "Indian country." This means federal authority applies there.
