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118-615: Paomet (also called Pamet ) was a tribe of Native Americans living near the Pamet River in modern Cape Cod in the 1620s. This article relating to the Indigenous peoples of North America is a stub . You can help Misplaced Pages by expanding it . Native Americans in the United States Native Americans (also called American Indians , First Americans , or Indigenous Americans ) are
236-557: A Cherokee ancestor on the Dawes Rolls, although all Cherokee Freedmen and their descendants had been members since 1866. As of 2004, various Native Americans are wary of attempts by others to gain control of their reservation lands for natural resources, such as coal and uranium in the West. The State of Maine is the only State House Legislature that allows Representatives from Indian Tribes. The three nonvoting members represent
354-563: A bill of rights in The Federalist No. 84 , stating that "the constitution is itself in every rational sense, and to every useful purpose, a bill of rights." He stated that ratification did not mean the American people were surrendering their rights, making protections unnecessary: "Here, in strictness, the people surrender nothing, and as they retain everything, they have no need of particular reservations." Patrick Henry criticized
472-465: A body of law, Jim Crow institutionalized economic, educational, and social disadvantages for Native Americans, and other people of color living in the south. Native American identity was especially targeted by a system that only wanted to recognize white or colored, and the government began to question the legitimacy of some tribes because they had intermarried with African Americans. Native Americans were also discriminated and discouraged from voting in
590-423: A colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why, for instance, should it be said that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp,
708-445: A delaying tactic. The quick rejection of this motion, however, later endangered the entire ratification process. Author David O. Stewart characterizes the omission of a Bill of Rights in the original Constitution as "a political blunder of the first magnitude" while historian Jack N. Rakove calls it "the one serious miscalculation the framers made as they looked ahead to the struggle over ratification". Thirty-nine delegates signed
826-439: A federal Indian trust relationship are based. Cultural activism since the late 1960s has increased the participation of Indigenous peoples in American politics. It has also led to expanded efforts to teach and preserve Indigenous languages for younger generations, and to establish a more robust cultural infrastructure: Native Americans have founded independent newspapers and online media outlets, including First Nations Experience ,
944-494: A formal motion. However, after only a brief discussion where Roger Sherman pointed out that State Bills of Rights were not repealed by the new Constitution, the motion was defeated by a unanimous vote of the state delegations. Madison, then an opponent of a Bill of Rights, later explained the vote by calling the state bills of rights "parchment barriers" that offered only an illusion of protection against tyranny. Another delegate, James Wilson of Pennsylvania , later argued that
1062-496: A government, vested with such extensive and indefinite authority, to have been restricted by a declaration of rights? It certainly ought. So clear a point is this, that I cannot help suspecting that persons who attempt to persuade people that such reservations were less necessary under this Constitution than under those of the States, are wilfully endeavoring to deceive, and to lead you into an absolute state of vassalage. Supporters of
1180-470: A large degree of tribal sovereignty . For this reason, many Native American reservations are still independent of state law and the actions of tribal citizens on these reservations are subject only to tribal courts and federal law. The Indian Citizenship Act of 1924 granted US citizenship to all Native Americans born in the US who had not yet obtained it. This emptied the "Indians not taxed" category established by
1298-765: A member of the Union. In a compromise, the New York Convention proposed to ratify, feeling confident that the states would call for new amendments using the convention procedure in Article V, rather than making this a condition of ratification by New York. John Jay wrote the New York Circular Letter calling for the use of this procedure, which was then sent to all the States. The legislatures in New York and Virginia passed resolutions calling for
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#17327980421851416-724: A more collective basis than the culture which Europeans were familiar with. Most Indigenous American tribes treated their hunting grounds and agricultural lands as land that could be used by their entire tribe. Europeans had developed concepts of individual property rights with respect to land that were extremely different. The differences in cultures, as well as the shifting alliances among different nations during periods of warfare, caused extensive political tension, ethnic violence, and social disruption. Native Americans suffered high fatality rates from contact with European diseases that were new to them, and to which they had not acquired immunity . Smallpox epidemics are thought to have caused
1534-469: A plausible pretense for claiming that power. They might urge with a semblance of reason, that the Constitution ought not to be charged with the absurdity of providing against the abuse of an authority which was not given, and that the provision against restraining the liberty of the press afforded a clear implication, that a power to prescribe proper regulations concerning it was intended to be vested in
1652-475: A resolution recommending that the federal and legislative branches of the U.S. government terminate tribal governments. In 2007, a group of Democratic Party congressmen and congresswomen introduced a bill in the U.S. House of Representatives to terminate Federal recognition of the Cherokee Nation . This was related to their voting to exclude Cherokee Freedmen as members of the tribe unless they had
1770-400: A variety of diseases, but in many cases this happened long after Europeans first arrived. When severe epidemics did hit, it was often less because Native bodies lack immunity than because European colonialism disrupted Native Communities and damaged their resources, making them more vulnerable to pathogens." After the thirteen British colonies revolted against Great Britain and established
1888-537: Is condescending for such lands to be considered "held in trust" and regulated in any fashion by any entity other than their own tribes. Some tribal groups have been unable to document the cultural continuity required for federal recognition. To achieve federal recognition and its benefits, tribes must prove continuous existence since 1900. The federal government has maintained this requirement, in part because through participation on councils and committees, federally recognized tribes have been adamant about groups' satisfying
2006-608: Is known as the " Kelp Highway ". The early inhabitants by land were classified as Paleo-Indians , who spread throughout the Americas, diversifying into numerous culturally distinct nations. Major Paleo-Indian cultures included the Clovis and Folsom traditions , identified through unique spear points and large-game hunting methods, especially during the Lithic stage . Around 8000 BCE, as the climate stabilized, new cultural periods like
2124-733: Is the largest tribe if only full-blood individuals are counted; the Navajo are the tribe with the highest proportion of full-blood individuals, 86.3%. The Cherokee have a different history; it is the largest tribe, with 819,000 individuals, and it has 284,000 full-blood individuals. As of 2012, 70% of Native Americans live in urban areas, up from 45% in 1970 and 8% in 1940. Urban areas with significant Native American populations include Minneapolis, Denver, Phoenix, Tucson, Chicago, Oklahoma City, Houston, New York City, and Los Angeles. Many live in poverty. Racism, unemployment, drugs and gangs are common problems which Indian social service organizations such as
2242-564: The American Indian Movement (AIM) drawing attention to Indigenous rights. Landmark legislation like the Indian Self-Determination and Education Assistance Act of 1975 recognized tribal autonomy, leading to the establishment of Native-run schools and economic initiatives. Tribal sovereignty has continued to evolve, with legal victories and federal acknowledgments supporting cultural revitalization. By
2360-543: The Archaic stage arose, during which hunter-gatherer communities developed complex societies across North America. The Mound Builders created large earthworks, such as at Watson Brake and Poverty Point , which date to 3500 BCE and 2200 BCE, respectively, indicating early social and organizational complexity. By 1000 BCE, Native societies in the Woodland period developed advanced social structures and trade networks, with
2478-885: The Articles of Confederation , created by the Second Continental Congress and ratified in 1781. However, the national government that operated under the Articles of Confederation was too weak to adequately regulate the various conflicts that arose between the states. The Philadelphia Convention set out to correct weaknesses of the Articles that had been apparent even before the American Revolutionary War had been successfully concluded. The convention took place from May 14 to September 17, 1787, in Philadelphia , Pennsylvania . Although
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#17327980421852596-518: The Census Bureau until 1930: American Indians and Alaska Natives as percentage of the total population between 1880 and 2020: Absolute numbers of American Indians and Alaska Natives between 1880 and 2020 (since 1890 according to the Census Bureau ): 78% of Native Americans live outside a reservation. Full-blood individuals are more likely to live on a reservation than mixed-blood individuals. The Navajo , with 286,000 full-blood individuals,
2714-664: The Dawes Act , which undermined communal landholding. A justification for the policy of conquest and subjugation of the Indigenous people emanated from the stereotyped perceptions of Native Americans as "merciless Indian savages" (as described in the United States Declaration of Independence ). Sam Wolfson in The Guardian writes, "The declaration's passage has often been cited as an encapsulation of
2832-791: The Hopewell tradition connecting the Eastern Woodlands to the Great Lakes and the Gulf of Mexico . This period led to the Mississippian culture , with large urban centers like Cahokia —a city with complex mounds and a population exceeding 20,000 by 1250 CE. From the 15th century onward, European contact drastically reshaped the Americas. Explorers and settlers introduced diseases, causing massive Indigenous population declines, and engaged in violent conflicts with Native groups. By
2950-622: The Indigenous peoples of the United States , particularly of the lower 48 states and Alaska . They may also include any Americans whose origins lie in any of the indigenous peoples of North or South America. The United States Census Bureau publishes data about "American Indians and Alaska Natives ", whom it defines as anyone "having origins in any of the original peoples of North and South America ... and who maintains tribal affiliation or community attachment". The census does not, however, enumerate "Native Americans" as such, noting that
3068-821: The Indigenous peoples of Canada are generally known as First Nations , Inuit and Métis ( FNIM ). The history of Native Americans in the United States began before the founding of the U.S., tens of thousands of years ago with the settlement of the Americas by the Paleo-Indians . The Eurasian migration to the Americas occurred over millennia via Beringia , a land bridge between Siberia and Alaska , as early humans spread southward and eastward, forming distinct cultures and societies. Archaeological evidence suggests these migrations began 60,000 years ago and continued until around 12,000 years ago. Some may have arrived even before this time fishing in kayaks along what
3186-625: The Mississippi River , in order to accommodate continued European American expansion. This resulted in what amounted to the ethnic cleansing or genocide of many tribes, who were subjected to brutal forced marches . The most infamous of these came to be known as the Trail of Tears . Contemporary Native Americans have a unique relationship with the United States because they may be members of nations, tribes, or bands that have sovereignty and treaty rights upon which federal Indian law and
3304-620: The Senate Indian Affairs Committee endorsed a bill that would grant federal recognition to tribes in Virginia. As of 2000 , the largest groups in the United States by population were Navajo , Cherokee , Choctaw , Sioux , Chippewa , Apache , Blackfeet , Iroquois , and Pueblo . In 2000, eight of ten Americans with Native American ancestry were of mixed ancestry. It is estimated that by 2100 that figure will rise to nine out of ten. The civil rights movement
3422-734: The United States Constitution , allowed Natives to vote in elections, and extended the Fourteenth Amendment protections granted to people "subject to the jurisdiction" of the United States. However, some states continued to deny Native Americans voting rights for decades. Titles II through VII of the Civil Rights Act of 1968 comprise the Indian Civil Rights Act, which applies to Native American tribes and makes many but not all of
3540-544: The Virginia House of Delegates , had gerrymandered a hostile district for Madison's planned congressional run and recruited Madison's future presidential successor, James Monroe , to oppose him. Madison defeated Monroe after offering a campaign pledge that he would introduce constitutional amendments forming a bill of rights at the First Congress. Originally opposed to the inclusion of a bill of rights in
3658-624: The federal government by the Constitution are reserved to the states or the people . The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215). Largely because of the efforts of Representative James Madison , who studied
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3776-565: The first written accounts of the contact were provided by Europeans . Ethnographers classify the Indigenous peoples of North America into ten geographical regions which are inhabited by groups of people who share certain cultural traits, called cultural areas. The ten cultural areas are: At the time of the first contact, the Indigenous cultures were different from those of the proto-industrial and mostly Christian immigrants. Some Northeastern and Southwestern cultures, in particular, were matrilineal and they were organized and operated on
3894-537: The 19th century, westward U.S. expansion, rationalized by Manifest destiny , pressured tribes into forced relocations like the Trail of Tears , which decimated communities and redefined Native territories. Despite resistance in events like the Sioux Uprising and Battle of Little Bighorn , Native American lands continued to be reduced through policies like the Indian Removal Act of 1830 and later
4012-513: The 21st century, Native Americans had achieved increased control over tribal lands and resources, although many communities continue to grapple with the legacy of displacement and economic challenges. Urban migration has also grown, with over 70% of Native Americans residing in cities by 2012, navigating issues of cultural preservation and discrimination. Continuing legal and social efforts address these concerns, building on centuries of resilience and adaptation that characterize Indigenous history across
4130-455: The 48 states and Alaska. Native American population rebounded sharply from 1950, when they numbered 377,273; it reached 551,669 in 1960, 827,268 in 1970, with an annual growth rate of 5%, four times the national average. Total spending on Native Americans averaged $ 38 million a year in the late 1920s, dropping to a low of $ 23 million in 1933, and returning to $ 38 million in 1940. The Office of Indian Affairs counted more American Indians than
4248-647: The Americas , including Mesoamerican peoples such as the Maya , as well as Canadian and South American natives . In 2022, 634,503 Indigenous people in the United States identified with Central American Indigenous groups, 875,183 identified with the Indigenous people of Mexico , and 47,518 identified with Canadian First Nations . Of the 3.2 million Americans who identified as American Indian or Alaska Native alone in 2022, around 45% are of Hispanic or Latino ethnicity, with this number growing as increasing numbers of Indigenous people from Latin American countries immigrate to
4366-399: The Americas. According to the 2020 census, the U.S. population was 331.4 million. Of this, 3.7 million people, or 1.1 percent, reported American Indian or Alaska Native ancestry alone. In addition, 5.9 million people (1.8 percent), reported American Indian or Alaska Native in combination with one or more other races. The definition of American Indian or Alaska Native used in the 2010 census
4484-464: The Articles of Confederation and would apply only to those states that ratified it. Following contentious battles in several states, the proposed Constitution reached that nine-state ratification plateau in June 1788. On September 13, 1788, the Articles of Confederation Congress certified that the new Constitution had been ratified by more than enough states for the new system to be implemented and directed
4602-605: The Bill of Rights still in existence. One of these is on permanent public display at the National Archives in Washington, D.C. I go further, and affirm that bills of rights, in the sense and to the extent in which they are contended for, are not only unnecessary in the proposed Constitution, but would even be dangerous. They would contain various exceptions to powers not granted; and, on this very account, would afford
4720-539: The Constitution are among the men known as the Founding Fathers of the new nation. Thomas Jefferson , who was Minister to France during the convention, characterized the delegates as an assembly of "demi-gods." Rhode Island refused to send delegates to the convention. On September 12, George Mason of Virginia suggested the addition of a Bill of Rights to the Constitution modeled on previous state declarations, and Elbridge Gerry of Massachusetts made it
4838-526: The Constitution on December 15, 1791, and became Amendments One through Ten of the Constitution. Article Two became part of the Constitution on May 5, 1992, as the Twenty-seventh Amendment . Article One is still pending before the states. Although Madison's proposed amendments included a provision to extend the protection of some of the Bill of Rights to the states, the amendments that were finally submitted for ratification applied only to
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4956-643: The Constitution with relative ease, though the bitter minority report of the Pennsylvania opposition was widely circulated. In contrast to its predecessors, the Massachusetts convention was angry and contentious, at one point erupting into a fistfight between Federalist delegate Francis Dana and Anti-Federalist Elbridge Gerry when the latter was not allowed to speak. The impasse was resolved only when revolutionary heroes and leading Anti-Federalists Samuel Adams and John Hancock agreed to ratification on
5074-461: The Constitution's critics, such as Maryland's Luther Martin , continued to oppose ratification. However, Martin's allies, such as New York's John Lansing Jr. , dropped moves to obstruct the Convention's process. They began to take exception to the Constitution "as it was", seeking amendments. Several conventions saw supporters for "amendments before" shift to a position of "amendments after" for
5192-459: The Constitution, Madison had gradually come to understand the importance of doing so during the often contentious ratification debates. By taking the initiative to propose amendments himself through the Congress, he hoped to preempt a second constitutional convention that might, it was feared, undo the difficult compromises of 1787, and open the entire Constitution to reconsideration, thus risking
5310-511: The Constitution, known as Federalists, opposed a bill of rights for much of the ratification period, in part because of the procedural uncertainties it would create. Madison argued against such an inclusion, suggesting that state governments were sufficient guarantors of personal liberty, in No. 46 of The Federalist Papers , a series of essays promoting the Federalist position. Hamilton opposed
5428-430: The Constitution, made in favor of particular rights, shall not be so construed as to diminish the just importance of other rights retained by the people, or as to enlarge the powers delegated by the Constitution; but either as actual limitations of such powers, or as inserted merely for greater caution. Fifthly. That in article 1st, section 10, between clauses 1 and 2, be inserted this clause, to wit: No State shall violate
5546-516: The Convention was purportedly intended only to revise the Articles, the intention of many of its proponents, chief among them James Madison of Virginia and Alexander Hamilton of New York , was to create a new government rather than fix the existing one. The convention convened in the Pennsylvania State House , and George Washington of Virginia was unanimously elected as president of the convention. The 55 delegates who drafted
5664-497: The Federalist minorities in both Virginia and New York were able to obtain ratification in convention by linking ratification to recommended amendments. A committee of the Virginia convention headed by law professor George Wythe forwarded forty recommended amendments to Congress, twenty of which enumerated individual rights and another twenty of which enumerated states' rights. The latter amendments included limitations on federal powers to levy taxes and regulate trade. A minority of
5782-413: The Federalist point of view, writing that the legislature must be firmly informed "of the extent of the rights retained by the people ... being in a state of uncertainty, they will assume rather than give up powers by implication." Other anti-Federalists pointed out that earlier political documents, in particular Magna Carta , had protected specific rights. In response, Hamilton argued that the Constitution
5900-552: The Ghost Dance properly, the European American colonists would vanish, the bison would return, and the living and the dead would be reunited in an Eden ic world. On December 29 at Wounded Knee, gunfire erupted, and U.S. soldiers killed up to 300 Indians, mostly old men, women, and children. Days after the massacre, the author L. Frank Baum wrote: The Pioneer has before declared that our only safety depends upon
6018-522: The Government its due popularity and stability". Finally, he hoped that the amendments "would acquire by degrees the character of fundamental maxims of free government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion". Historians continue to debate the degree to which Madison considered the amendments of the Bill of Rights necessary, and to what degree he considered them politically expedient; in
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#17327980421856136-579: The Indians were destined to vanish under the pressure of white civilization, stating in an 1886 lecture: I don't go so far as to think that the only good Indians are dead Indians, but I believe nine out of ten are, and I shouldn't like to inquire too closely into the case of the tenth. One of the last and most notable events during the Indian wars was the Wounded Knee Massacre in 1890. In
6254-746: The Little Earth housing complex in Minneapolis attempt to address. Below are numbers for U.S. citizens self-identifying to selected tribal groupings, according to the 2010 U.S. census. There are 573 federally recognized tribal governments and 326 Indian reservations in the United States. These tribes possess the right to form their own governments, to enforce laws (both civil and criminal) within their lands, to tax, to establish requirements for membership, to license and regulate activities, to zone, and to exclude persons from tribal territories. Limitations on tribal powers of self-government include
6372-492: The Penobscot Nation, Houlton Band of Maliseet Indians, and Passamaquoddy Tribe . These representatives can sponsor any legislation regarding American Indian affairs or co-sponsor any pending State of Maine legislation. Maine is unique regarding Indigenous leadership representation. In the state of Virginia , Native Americans face a unique problem. Until 2017 Virginia previously had no federally recognized tribes but
6490-481: The Philadelphia Convention, some leading revolutionary figures such as Patrick Henry , Samuel Adams , and Richard Henry Lee publicly opposed the new frame of government, a position known as "Anti-Federalism". Elbridge Gerry wrote the most popular Anti-Federalist tract, "Hon. Mr. Gerry's Objections", which went through 46 printings; the essay particularly focused on the lack of a bill of rights in
6608-511: The Secretary of State, rather than the Bureau of Indian Affairs . The Bureau of Indian Affairs reports on its website that its "responsibility is the administration and management of 55,700,000 acres (225,000 km ) of land held in trust by the United States for American Indians, Indian tribes, and Alaska Natives ". Many Native Americans and advocates of Native American rights believe that it
6726-478: The U.S. federal government's claim to recognize the "sovereignty" of Native American peoples falls short, given that the United States wishes to govern Native American peoples and treat them as subject to U.S. law. Such advocates contend that full respect for Native American sovereignty would require the U.S. government to deal with Native American peoples in the same manner as any other sovereign nation, handling matters related to relations with Native Americans through
6844-405: The US and more Latinos self-identify with indigenous heritage. Of groups Indigenous to the United States, the largest self-reported tribes are Cherokee (1,449,888), Navajo (434,910), Choctaw (295,373), Blackfeet (288,255), Sioux (220,739), and Apache (191,823). 205,954 respondents specified an Alaska Native identity. Native Hawaiians are counted separately from Native Americans by
6962-600: The United States was established, Native American tribes were considered semi-independent nations, because they generally lived in communities which were separate from communities of white settlers . The federal government signed treaties at a government-to-government level until the Indian Appropriations Act of 1871 ended recognition of independent Native nations, and started treating them as "domestic dependent nations" subject to applicable federal laws. This law did preserve rights and privileges, including
7080-458: The United States, President George Washington and Secretary of War Henry Knox conceived the idea of " civilizing " Native Americans in preparation for their assimilation as U.S. citizens. Assimilation, whether it was voluntary, as it was with the Choctaw , or forced , was consistently maintained as a matter of policy by consecutive American administrations. During the 19th century,
7198-465: The act of enumerating the rights of the people would have been dangerous, because it would imply that rights not explicitly mentioned did not exist; Hamilton echoed this point in Federalist No. 84 . Because Mason and Gerry had emerged as opponents of the proposed new Constitution, their motion—introduced five days before the end of the convention—may also have been seen by other delegates as
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#17327980421857316-401: The best security of a free country: but no person religiously scrupulous of bearing arms shall be compelled to render military service in person. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor at any time, but in a manner warranted by law. No person shall be subject, except in cases of impeachment, to more than one punishment, or one trial for
7434-407: The census, being classified as Pacific Islanders . According to 2022 estimates, 714,847 Americans reported Native Hawaiian ancestry. The 2010 census permitted respondents to self-identify as being of one or more races. Self-identification dates from the census of 1960; prior to that the race of the respondent was determined by the opinion of the census taker. The option to select more than one race
7552-447: The colonization process as comprising genocide against Native Americans. As part of a policy of white settler colonialism , European settlers continued to wage war and perpetrated massacres against Native American peoples, removed them from their ancestral lands , and subjected them to one-sided government treaties and discriminatory government policies. Into the 20th century, these policies focused on forced assimilation . When
7670-530: The condition that the convention also propose amendments. The convention's proposed amendments included a requirement for grand jury indictment in capital cases, which would form part of the Fifth Amendment , and an amendment reserving powers to the states not expressly given to the federal government, which would later form the basis for the Tenth Amendment . Following Massachusetts' lead,
7788-661: The convention to propose amendments that had been demanded by the States while several other states tabled the matter to consider in a future legislative session. Madison wrote the Bill of Rights partially in response to this action from the States. Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inference. — Thomas Jefferson 's letter to James Madison (December 20, 1787) The 1st United States Congress , which met in New York City's Federal Hall ,
7906-536: The deficiencies of the Constitution pointed out by Anti-Federalists and then crafted a series of corrective proposals, Congress approved twelve articles of amendment on September 25, 1789, and submitted them to the states for ratification. Contrary to Madison's proposal that the proposed amendments be incorporated into the main body of the Constitution (at the relevant articles and sections of the document), they were proposed as supplemental additions (codicils) to it. Articles Three through Twelve were ratified as additions to
8024-522: The dehumanizing attitude toward Indigenous Americans that the US was founded on." Native American nations on the plains in the west continued armed conflicts with the U.S. throughout the 19th century, through what were called generally Indian Wars . Notable conflicts in this period include the Dakota War , Great Sioux War , Snake War , Colorado War , and Texas-Indian Wars . Expressing the frontier anti-Indian sentiment, Theodore Roosevelt believed
8142-486: The dissolution of the new federal government. Writing to Jefferson, he stated, "The friends of the Constitution, some from an approbation of particular amendments, others from a spirit of conciliation, are generally agreed that the System should be revised. But they wish the revisal to be carried no farther than to supply additional guards for liberty." He also felt that amendments guaranteeing personal liberties would "give to
8260-431: The equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases. Sixthly. That, in article 3d, section 2, be annexed to the end of clause 2d, these words, to wit: But no appeal to such court shall be allowed where the value in controversy shall not amount to — dollars: nor shall any fact triable by jury, according to the course of common law, be otherwise re-examinable than may consist with
8378-491: The federal government. The door for their application upon state governments was opened in the 1860s, following ratification of the Fourteenth Amendment . Since the early 20th century both federal and state courts have used the Fourteenth Amendment to apply portions of the Bill of Rights to state and local governments. The process is known as incorporation . There are several original engrossed copies of
8496-448: The finalized Constitution. Thirteen delegates left before it was completed, and three who remained at the convention until the end refused to sign it: Mason, Gerry, and Edmund Randolph of Virginia. Afterward, the Constitution was presented to the Articles of Confederation Congress with the request that it afterwards be submitted to a convention of delegates, chosen in each State by the people, for their assent and ratification. Following
8614-977: The first Native American television channel; established Native American studies programs, tribal schools universities , museums, and language programs. Literature is at the growing forefront of American Indian studies in many genres, with the notable exception of fiction—some traditional American Indians experience fictional narratives as insulting when they conflict with traditional oral tribal narratives. The terms used to refer to Native Americans have at times been controversial . The ways Native Americans refer to themselves vary by region and generation, with many older Native Americans self-identifying as "Indians" or "American Indians", while younger Native Americans often identify as "Indigenous" or "Aboriginal". The term "Native American" has not traditionally included Native Hawaiians or certain Alaskan Natives , such as Aleut , Yup'ik , or Inuit peoples. By comparison,
8732-407: The freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the legislature by petitions, or remonstrances for redress of their grievances. The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being
8850-405: The freedom of the press, or the trial by jury in criminal cases." He did not include an amendment that every state had asked for, one that would have made tax assessments voluntary instead of contributions. Madison proposed the following constitutional amendments: First. That there be prefixed to the Constitution a declaration, that all power is originally vested in, and consequently derived from,
8968-474: The future lessons of experience; a reverence for the characteristic rights of freemen, and a regard for public harmony, will sufficiently influence your deliberations on the question, how far the former can be impregnably fortified or the latter be safely and advantageously promoted. James Madison introduced a series of Constitutional amendments in the House of Representatives for consideration. Among his proposals
9086-525: The greatest loss of life for Indigenous populations. "The decline of native American populations was rapid and severe, probably the greatest demographic disaster ever. Old World diseases were the primary killer. In many regions, particularly the tropical lowlands, populations fell by 90 percent or more in the first century after the contact." Estimates of pre-Columbian population of the United States vary from 4 to 18 million. Jeffrey Ostler writes: "Most Indigenous communities were eventually afflicted by
9204-402: The guarantees of the U.S. Bill of Rights applicable within the tribes. Since the 1960s, Native American self-determination movements have resulted in positive changes to the lives of many Native Americans, though there are still many contemporary issues faced by them . Today, there are over five million Native Americans in the US, about 80% of whom live outside reservations. The states with
9322-464: The habeas corpus, to make ex post facto laws, pass bills of attainder, or grant titles of nobility? It certainly does not in express terms. The only answer that can be given is, that these are implied in the general powers granted. With equal truth it may be said, that all the powers which the bills of rights guard against the abuse of, are contained or implied in the general ones granted by this Constitution. He continued with this observation: Ought not
9440-561: The highest percentage of Native Americans are Alaska , Oklahoma , New Mexico , South Dakota , Montana , and North Dakota . Beginning toward the end of the 15th century, the migration of Europeans to the Americas led to centuries of population, cultural, and agricultural transfer and adjustment between Old and New World societies, a process known as the Columbian exchange . Because most Native American groups had preserved their histories by means of oral traditions and artwork,
9558-541: The ideology known as manifest destiny became integral to the American nationalist movement. Westward expansion of European American populations after the American Revolution resulted in increasing pressure on Native Americans and their lands, warfare, and rising tensions. In 1830, the U.S. Congress passed the Indian Removal Act , authorizing the federal government to relocate Native Americans from their homelands within established states to lands west of
9676-521: The latter term can encompass a broader set of groups, e.g. Native Hawaiians , which it tabulates separately. The European colonization of the Americas from 1492 resulted in a precipitous decline in the size of the Native American population because of newly introduced diseases , including weaponized diseases and biological warfare by colonizers, wars , ethnic cleansing , and enslavement . Numerous scholars have classified elements of
9794-417: The national government. This may serve as a specimen of the numerous handles which would be given to the doctrine of constructive powers, by the indulgence of an injudicious zeal for bills of rights. — Alexander Hamilton 's opposition to the Bill of Rights, from Federalist No. 84 . Prior to the ratification and implementation of the United States Constitution , the thirteen sovereign states followed
9912-607: The new government to meet in New York City on the first Wednesday in March the following year. On March 4, 1789, the new frame of government came into force with eleven of the thirteen states participating. In New York, the majority of the Ratifying Convention was Anti-Federalist and they were not inclined to follow the Massachusetts Compromise. Led by Melancton Smith, they were inclined to make
10030-500: The next ensuing election of Representatives." Fourthly. That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext, infringed. The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and
10148-422: The ninth section of the first article declared, that the writ of habeas corpus shall not be suspended, unless in cases of rebellion—that no bill of attainder, or ex post facto law, shall be passed—that no title of nobility shall be granted by the United States, etc. If every thing which is not given is reserved, what propriety is there in these exceptions? Does this Constitution any where grant the power of suspending
10266-448: The number amounts to—, after which the proportion shall be so regulated by Congress, that the number shall never be less than—, nor more than—, but each State shall, after the first enumeration, have at least two Representatives; and prior thereto." Thirdly. That in article 1st, section 6, clause 1, there be added to the end of the first sentence, these words, to wit: "But no law varying the compensation last ascertained shall operate before
10384-401: The often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists , the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights , clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to
10502-407: The outline of his address, he wrote, "Bill of Rights—useful—not essential—". On the occasion of his April 30, 1789 inauguration as the nation's first president , George Washington addressed the subject of amending the Constitution. He urged the legislators, whilst you carefully avoid every alteration which might endanger the benefits of an united and effective government, or which ought to await
10620-422: The people. That Government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety. That the people have an indubitable, unalienable, and indefeasible right to reform or change their Government, whenever it be found adverse or inadequate to
10738-446: The places to be searched, or the persons or things to be seized. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, to be informed of the cause and nature of the accusation, to be confronted with his accusers, and the witnesses against him; to have a compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defence. The exceptions here or elsewhere in
10856-409: The principles of common law. Seventhly. That in article 3d, section 2, the third clause be struck out, and in its place be inserted the clauses following, to wit: The trial of all crimes (except in cases of impeachments, and cases arising in the land or naval forces, or the militia when on actual service, in time of war or public danger) shall be by an impartial jury of freeholders of the vicinage, with
10974-485: The problem was quickly resolved. King would later make trips to Arizona visiting Native Americans on reservations, and in churches encouraging them to be involved in the Civil Rights Movement. In King's book Why We Can't Wait he writes: United States Bill of Rights The United States Bill of Rights comprises the first ten amendments to the United States Constitution . Proposed following
11092-410: The problems of Virginia Indians in establishing documented continuity of identity, due to the work of Walter Ashby Plecker (1912–1946). As registrar of the state's Bureau of Vital Statistics, he applied his own interpretation of the one-drop rule , enacted in law in 1924 as the state's Racial Integrity Act. It recognized only two races: "white" and "colored". Plecker, a segregationist , believed that
11210-480: The proposed Constitution. Many were concerned that a strong national government was a threat to individual rights and that the President would become a king . Jefferson wrote to Madison advocating a Bill of Rights: "Half a loaf is better than no bread. If we cannot secure all our rights, let us secure what we can." The pseudonymous Anti-Federalist "Brutus" (probably Robert Yates ) wrote, We find they have, in
11328-456: The purposes of its institution. Secondly. That in article 1st, section 2, clause 3, these words be struck out, to wit: "The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative, and until such enumeration shall be made;" and in place thereof be inserted these words, to wit: "After the first actual enumeration, there shall be one Representative for every thirty thousand, until
11446-446: The ratification of New York conditional on prior proposal of amendments or, perhaps, insist on the right to secede from the union if amendments are not promptly proposed. Hamilton, after consulting with Madison, informed the Convention that this would not be accepted by Congress. After ratification by the ninth state, New Hampshire, followed shortly by Virginia, it was clear the Constitution would go into effect with or without New York as
11564-411: The requisite of unanimity for conviction, of the right with the requisite of unanimity for conviction, of the right of challenge, and other accustomed requisites; and in all crimes punishable with loss of life or member, presentment or indictment by a grand jury shall be an essential preliminary, provided that in cases of crimes committed within any county which may be in possession of an enemy, or in which
11682-511: The right to label arts and crafts as Native American and permission to apply for grants that are specifically reserved for Native Americans. But gaining federal recognition as a tribe is extremely difficult; to be established as a tribal group, members have to submit extensive genealogical proof of tribal descent and continuity of the tribe as a culture. In July 2000, the Washington State Republican Party adopted
11800-399: The sake of staying in the Union. Ultimately, only North Carolina and Rhode Island waited for amendments from Congress before ratifying. Article Seven of the proposed Constitution set the terms by which the new frame of government would be established. The new Constitution would become operational when ratified by at least nine states. Only then would it replace the existing government under
11918-471: The same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money (this includes paper currency). In addition, there are a number of tribes that are recognized by individual states , but not by the federal government. The rights and benefits associated with state recognition vary from state to state. Many Native Americans and advocates of Native American rights point out that
12036-664: The same offence; nor shall be compelled to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor be obliged to relinquish his property, where it may be necessary for public use, without a just compensation. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The rights of the people to be secured in their persons, their houses, their papers, and their other property, from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause, supported by oath or affirmation, or not particularly describing
12154-521: The same requirements as they did. The Muwekma Ohlone of the San Francisco Bay Area are pursuing litigation in the federal court system to establish recognition. Many of the smaller eastern tribes, long considered remnants of extinct peoples, have been trying to gain official recognition of their tribal status. Several tribes in Virginia and North Carolina have gained state recognition. Federal recognition confers some benefits, including
12272-660: The south in the late 1950s after they reached out to him. At that time the remaining Creek in Alabama were trying to completely desegregate schools in their area. In this case, light-complexioned Native children were allowed to ride school buses to previously all white schools, while dark-skinned Native children from the same band were barred from riding the same buses. Tribal leaders, upon hearing of King's desegregation campaign in Birmingham, Alabama, contacted him for assistance. He promptly responded and, through his intervention,
12390-613: The southern and western states. In the south segregation was a major problem for Native Americans seeking education, but the NAACP's legal strategy would later change this. Movements such as Brown v. Board of Education was a major victory for the Civil Rights Movement headed by the NAACP , and inspired Native Americans to start participating in the Civil Rights Movement. Martin Luther King Jr. began assisting Native Americans in
12508-535: The state as "colored" and gave them lists of family surnames to examine for reclassification based on his interpretation of data and the law. This led to the state's destruction of accurate records related to families and communities who identified as Native American (as in church records and daily life). By his actions, sometimes different members of the same family were split by being classified as "white" or "colored". He did not allow people to enter their primary identification as Native American in state records. In 2009,
12626-500: The state had recognized eight. This is related historically to the greater impact of disease and warfare on the Virginia Indian populations, as well as their intermarriage with Europeans and Africans. Some people confused ancestry with culture, but groups of Virginia Indians maintained their cultural continuity. Most of their early reservations were ended under the pressure of early European settlement. Some historians also note
12744-529: The state's Native Americans had been "mongrelized" by intermarriage with African Americans; to him, ancestry determined identity, rather than culture. He thought that some people of partial black ancestry were trying to " pass " as Native Americans. Plecker thought that anyone with any African heritage had to be classified as colored, regardless of appearance, amount of European or Native American ancestry, and cultural/community identification. Plecker pressured local governments into reclassifying all Native Americans in
12862-474: The total extermination of the Indians. Having wronged them for centuries, we had better, in order to protect our civilization, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth. In the 20th century, Native Americans served in significant numbers during World War II, marking a turning point for Indigenous visibility and involvement in broader American society. Post-war, Native activism grew, with movements such as
12980-717: The years leading up to it the U.S. government had continued to seize Lakota lands. A Ghost Dance ritual on the Northern Lakota reservation at Wounded Knee, South Dakota , led to the U.S. Army's attempt to subdue the Lakota. The dance was part of a religious movement founded by the Northern Paiute spiritual leader Wovoka that told of the return of the Messiah to relieve the suffering of Native Americans and promised that if they would live righteous lives and perform
13098-629: Was a triumph for the Federalists. The Senate of eleven states contained 20 Federalists with only two Anti-Federalists, both from Virginia. The House included 48 Federalists to 11 Anti-Federalists, the latter of whom were from only four states: Massachusetts, New York, Virginia and South Carolina. Among the Virginia delegation to the House was James Madison, Patrick Henry's chief opponent in the Virginia ratification battle. In retaliation for Madison's victory in that battle at Virginia's ratification convention, Henry and other Anti-Federalists, who controlled
13216-677: Was a very significant moment for the rights of Native Americans and other people of color. Native Americans faced racism and prejudice for hundreds of years, and this increased after the American Civil War . Native Americans, like African Americans, were subjected to the Jim Crow Laws and segregation in the Deep South especially after they were made citizens through the Indian Citizenship Act of 1924. As
13334-519: Was as follows: According to Office of Management and Budget, "American Indian or Alaska Native" refers to a person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. Despite generally referring to groups indigenous to the continental US and Alaska, this demographic as defined by the US Census Bureau includes all Indigenous people of
13452-522: Was deeply read in the history of government and used a range of sources in composing the amendments. The English Magna Carta of 1215 inspired the right to petition and to trial by jury , for example, while the English Bill of Rights of 1689 provided an early precedent for the right to keep and bear arms (although this applied only to Protestants ) and prohibited cruel and unusual punishment . The greatest influence on Madison's text, however,
13570-423: Was existing state constitutions. Many of his amendments, including his proposed new preamble, were based on the Virginia Declaration of Rights drafted by Anti-Federalist George Mason in 1776. To reduce future opposition to ratification, Madison also looked for recommendations shared by many states. He did provide one, however, that no state had requested: "No state shall violate the equal rights of conscience, or
13688-531: Was inherently different: Bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was the Magna Charta, obtained by the Barons, swords in hand, from King John. In December 1787 and January 1788, five states—Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut—ratified
13806-635: Was introduced in 2000. If American Indian or Alaska Native was selected, the form requested the individual provide the name of the "enrolled or principal tribe". Censuses counted around 346,000 Native Americans in 1880 (including 33,000 in Alaska and 82,000 in Oklahoma, back then known as Indian Territory ), around 274,000 in 1890 (including 25,500 in Alaska and 64,500 in Oklahoma), 362,500 in 1930 and 366,500 in 1940, including those on and off reservations in
13924-452: Was one that would have added introductory language stressing natural rights to the preamble. Another would apply parts of the Bill of Rights to the states as well as the federal government. Several sought to protect individual personal rights by limiting various Constitutional powers of Congress . Like Washington, Madison urged Congress to keep the revision to the Constitution "a moderate one", limited to protecting individual rights. Madison
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