3.2 Tribes requiring 1/2 degree blood quantum for membership.3.1 Tribes requiring 5/8 degree blood quantum for membership.Challenges to such policies have been pursued by those excluded. In the early 21st century, some nations, such as the Wampanoag, tightened their membership rules and excluded persons who had previously been considered members. Native American nations have continued to assert sovereignty and treaty rights, including their own criteria for tribal membership, which vary among them. At that time, the government required persons to have a certain blood quantum to be recognized as Native American and be eligible for financial and other benefits under treaties or sales of land. The concept of blood quantum was not widely applied by the United States government until the Indian Reorganization Act of 1934. It is a modern-day misconception that this enumeration was the equivalent of contemporary tribal "enrollment" and in any way optional. Indians who tried to refuse, if they were not already in a prison camp, had warrants issued for their arrests they were forcibly rounded up and documented against their will. But the only way to do this was to completely flee the Indian community, during a time of persecution and war. As they were being forcibly driven out of their ancestral homelands and subjected to genocide, many Natives understandably feared and distrusted the government and tried to avoid being enumerated. The Indian Removal Act and the Trail of Tears led to a major enumeration of Native Americans, and many controversies and misunderstandings about blood quantum that persist to this day. Other Nations have a tiered system, with the Choctaw Nation of Oklahoma using lineal descent for general enrollment, but requiring a BQ of "at least one-fourth" of anyone who would run for tribal council. For instance, the Omaha Tribe of Nebraska requires a blood quantum of 1/4 Native American and descent from a registered ancestor for enrollment, while the Cherokee Nation of Oklahoma has no BQ requirement, and only requires lineal descent from a documented Cherokee ancestor listed on the Dawes Rolls, a specific census roll that still upheld racist stereotypes and blood quantum theories, and that supersedes other older rolls. Nations that use blood quantum often do so in combination with other criteria. For instance, a person who has one parent who is a full-blood Native American and one who has no Native ancestry has a blood quantum of 1/2. By contrast, many tribes and nations do not include blood quantum as part of their own enrollment criteria.Ī person's blood quantum is defined as the fraction of their ancestors, out of their total ancestors, who are documented as full-blood Native Americans. These laws were enacted by the American government as a way to establish legally defined racial population groups. Blood quantum laws or Indian blood laws are laws in the United States and the former Thirteen colonies that define Native American status by fractions of Native American ancestry.
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