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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 .
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.
Tribal constitutions outline criteria for citizenship which can include minimum blood quantum requirements, residency, lineal descendant, or other criteria. [11] Many tribes who formed governments under the Indian Reorganization Act of 1934 have minimum blood quantum requirements. [ 11 ]
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]
Difficulties in enumerating the population included the forced migrations of the period as well as the American Civil War. [5] [6] Additionally, non-Native census takers introduced the idea of Blood Quantum, a concept previously foreign to the tribal communities. [7]
As professor Kim TallBear (Sisseton Wahpeton Oyate), author of Native American DNA: Tribal Belonging and the False Promise of Genetic Science writes, "Native American tribes did not use blood quantum law until the government introduced the Indian Reorganization Act of 1934, instead determining citizenship on the basis of kinship, lineage and ...
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This is different from the Cherokee Nation (headquartered in Oklahoma), which has no blood quantum requirements, instead requiring only lineal descent from one or more ancestors recorded on the Dawes Rolls (which recorded assumed or estimated blood quantum and race), an older roll than the 1924 Baker Roll.