Proof of descent as an essential element of citizenship


Assignment task: The Supreme Court finds in Morton v. Mancari that "Indian" is a "political," and not "racial," classification.

1. What do we do with the fact that most tribes require proof of descent as an essential element of citizenship? 

2. Are critics of tribal rights correct in charging that the Court is playing games and that Federal Indian Law in the Self-Determination era is really unconstitutional race-based affirmative action?

Indian Reorganization Act,25 U.S.C. ch. 14, § 461 et seq. (1934)

Indian Civil Rights Act. 25 U.S.C.§§ 1301-1304 (1968

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