Facts
- John Elk, a Native American born within the United States as a member of a still-recognized Indian tribe, left his tribe and became a resident of Omaha, Nebraska.
- Elk alleged he had severed tribal relations and submitted himself to United States jurisdiction.
- Charles Wilkins, an Omaha voter registrar, refused to register Elk as a qualified voter because Elk was an Indian and therefore not a U.S. citizen.
- Elk alleged the refusal prevented him from voting in a municipal election and sought damages.
- In federal circuit court, Wilkins filed a general demurrer asserting the petition failed to state a cause of action and challenged jurisdiction; the action was dismissed with costs.
- Elk sought review in the Supreme Court by writ of error.
Issues
- Whether a Native American born a member of a recognized Indian tribe, who later left the tribe and resided among non-Indian citizens, was a U.S. citizen under the Fourteenth Amendment as “born … in the United States, and subject to the jurisdiction thereof.”
- Whether, if not a citizen under the Fourteenth Amendment, Elk could claim a federal right to vote under the Fifteenth Amendment based on alleged race-based denial.
Decision
- The Supreme Court affirmed the dismissal on the merits.
- The Court held that Elk was not a citizen under the Fourteenth Amendment because, as a tribal member at birth, he was not “subject to the jurisdiction” of the United States in the constitutional sense.
- Because Elk was not a U.S. citizen, the Court concluded the Fifteenth Amendment did not give him a federal right to vote.
Legal Principles
- “Subject to the jurisdiction” in the Fourteenth Amendment requires full political jurisdiction and direct allegiance to the United States, not merely presence within U.S. territory.
- Native Americans born as members of recognized tribes were treated as members of distinct political communities; birth in U.S. territory alone did not confer Fourteenth Amendment citizenship.
- A person cannot unilaterally make himself a U.S. citizen; citizenship for tribal Indians required governmental consent through treaty, statute, or naturalization.
- The Fifteenth Amendment protects voting rights of U.S. citizens; it does not create voting rights for non-citizens.
Conclusion
The Court held that a Native American born into a recognized tribe was not automatically a Fourteenth Amendment citizen, even after leaving the tribe and residing among other Americans, absent governmental action conferring citizenship; therefore, federal constitutional voting protections did not apply to the registrar’s refusal to register him.