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Blood quantum laws or Indian blood laws are laws that define Native Americans in the United States status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups .
Tribal enrollment is based in lineal descent from original tribal members; [4] that is, the tribe has no minimum blood quantum requirements. In 2013, the federal acknowledgment of "Buena Vista Rancheria of Me-Wuk Indians," was being challenged by a lawsuit that was awaiting scheduling in the Ninth Circuit Court of appeals in San Francisco in ...
A Certificate of Degree of Indian Blood or Certificate of Degree of Alaska Native Blood (both abbreviated CDIB) is an official U.S. document that certifies an individual possesses a specific fraction of Native American ancestry of a federally recognized Indian tribe, band, nation, pueblo, village, or community. [1]
Blood quantum is traced from the ancestor listed on the 1924 Baker Roll. A person with a blood quantum of less than 1/16th is an Eastern Band Cherokee descendant, but not a tribal citizen. The Eastern Band Cherokee nation does not allow DNA testing to be used to determine tribal citizenship, unless the test is to determine parentage.
The tribe is governed by a democratically elected, six-person tribal council under its constitution. Tribal enrollment as a member requires a one-half degree Shoshone blood quantum (equivalent to one parent), among the highest blood quantum requirements of any tribe. [4]
[5] [6] Additionally, non-Native census takers introduced the idea of Blood Quantum, a concept previously foreign to the tribal communities. [7] Those recording this percentage of ancestry wrote down an estimation, based on physical appearance and personal opinion if the individual was present.
In the United States, tribal disenrollment is a process by which a Native American individual loses citizenship or the right to belong within a Native American tribe. [1]Some native scholars have argued that although belonging in Native nations was historically a matter of kinship, it has become increasingly legalistic.
Some tribes have adopted blood quantum requirements, or Certificates of Degree of Indian Blood, and practice disenrollment of tribal members unable to prove they are the child of an enrolled tribal member. In these cases, the tribe may demand a paternity test. For some, this has become a contentious issue in Native American reservation politics ...