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Casebook Read Credits
Shameful or Ignored Supreme Court Cases
Resource 3 . 5
35 minutes

Elk v. Wilkins

Seth J. Chandler

1. You may do better in reading this case to start with the dissent as (1) it sets forth the facts better and (2) may be a more persuasive opinion.

2. How relevant should the history of the 14th amendment be in interpreting the meaning of its first sentence?

3. How do you answer the argument that the interpretation of the 14th amendment favored by the dissent would make citizens out of persons who were "not prepared for citizenship."?

4. Does the majority opinion foreclose a Congressional action automatically "naturalizing" Indians who leave the reservation?

5. Suppose a white man (or a black woman for that matter) is born on the reservation and raised in tribal fashion. Is that person a citizen of the United States? Do they automatically become one upon abandoning tribal life for mainstream society?

Supreme Court of the United States
112 U.S. 94, 28 L. Ed. 643, 5 S. Ct. 41, SCDB 1884-014, 1884 U.S. LEXIS 1857
1884-11-03

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