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129-578: The Mahican-Mohawk Trail is a long-distance hiking trail that is under construction. Originally a trail used by Native Americans , the Mahican-Mohawk Trail faded away as the automobile became popular and subsequently, the Mohawk Trail was constructed. In 1992, after some research by Williams College students, volunteers started to reclaim the trail. There are currently multiple sections open in western Massachusetts , including one that follows
258-547: A Cherokee ancestor on the Dawes Rolls, although all Cherokee Freedmen and their descendants had been members since 1866. As of 2004, various Native Americans are wary of attempts by others to gain control of their reservation lands for natural resources, such as coal and uranium in the West. The State of Maine is the only State House Legislature that allows Representatives from Indian Tribes. The three nonvoting members represent
387-597: A bicameral (two-house) Congress that was to be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch. An alternative to the Virginia Plan , known as the New Jersey Plan , also called for an elected executive but retained the legislative structure created by the Articles, a unicameral Congress where all states had one vote. On June 19, 1787, delegates rejected
516-465: A body of law, Jim Crow institutionalized economic, educational, and social disadvantages for Native Americans, and other people of color living in the south. Native American identity was especially targeted by a system that only wanted to recognize white or colored, and the government began to question the legitimacy of some tribes because they had intermarried with African Americans. Native Americans were also discriminated and discouraged from voting in
645-535: A citizen of the United States for seven years, and live in the state they represent. Senators must be at least 30 years old, be a citizen for nine years, and live in the state they represent. Article I, Section 8 enumerates the powers delegated to the legislature. Financially, Congress has the power to tax, borrow, pay debt and provide for the common defense and the general welfare; to regulate commerce, bankruptcies, and coin money. To regulate internal affairs, it has
774-466: A convention of state delegates in Philadelphia to propose revisions to the Articles. Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the Articles of Confederation." The convention was not limited to commerce; rather, it was intended to "render the federal constitution adequate to the exigencies of government and
903-490: A federal Indian trust relationship are based. Cultural activism since the late 1960s has increased the participation of Indigenous peoples in American politics. It has also led to expanded efforts to teach and preserve Indigenous languages for younger generations, and to establish a more robust cultural infrastructure: Native Americans have founded independent newspapers and online media outlets, including First Nations Experience ,
1032-467: A large degree of tribal sovereignty . For this reason, many Native American reservations are still independent of state law and the actions of tribal citizens on these reservations are subject only to tribal courts and federal law. The Indian Citizenship Act of 1924 granted US citizenship to all Native Americans born in the US who had not yet obtained it. This emptied the "Indians not taxed" category established by
1161-623: A major influence on the Albany Plan of Union , Benjamin Franklin's plan to create a unified government for the Thirteen Colonies , which was rejected. The Constitution includes four sections: an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V (see below ). The Preamble,
1290-724: A more collective basis than the culture which Europeans were familiar with. Most Indigenous American tribes treated their hunting grounds and agricultural lands as land that could be used by their entire tribe. Europeans had developed concepts of individual property rights with respect to land that were extremely different. The differences in cultures, as well as the shifting alliances among different nations during periods of warfare, caused extensive political tension, ethnic violence, and social disruption. Native Americans suffered high fatality rates from contact with European diseases that were new to them, and to which they had not acquired immunity . Smallpox epidemics are thought to have caused
1419-513: A permanent capital. North Carolina waited to ratify the Constitution until after the Bill of Rights was passed by the new Congress, and Rhode Island's ratification would only come after a threatened trade embargo. The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution
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#17331056805281548-468: A resolution recommending that the federal and legislative branches of the U.S. government terminate tribal governments. In 2007, a group of Democratic Party congressmen and congresswomen introduced a bill in the U.S. House of Representatives to terminate Federal recognition of the Cherokee Nation . This was related to their voting to exclude Cherokee Freedmen as members of the tribe unless they had
1677-400: A variety of diseases, but in many cases this happened long after Europeans first arrived. When severe epidemics did hit, it was often less because Native bodies lack immunity than because European colonialism disrupted Native Communities and damaged their resources, making them more vulnerable to pathogens." After the thirteen British colonies revolted against Great Britain and established
1806-537: Is condescending for such lands to be considered "held in trust" and regulated in any fashion by any entity other than their own tribes. Some tribal groups have been unable to document the cultural continuity required for federal recognition. To achieve federal recognition and its benefits, tribes must prove continuous existence since 1900. The federal government has maintained this requirement, in part because through participation on councils and committees, federally recognized tribes have been adamant about groups' satisfying
1935-564: Is interpreted, supplemented, and implemented by a large body of federal constitutional law and has influenced the constitutions of other nations. From September 5, 1774, to March 1, 1781, the Second Continental Congress , convened in Philadelphia in what today is called Independence Hall , functioned as the provisional government of the United States. Delegates to the First Continental Congress in 1774 and then
2064-595: Is known as the " Kelp Highway ". The early inhabitants by land were classified as Paleo-Indians , who spread throughout the Americas, diversifying into numerous culturally distinct nations. Major Paleo-Indian cultures included the Clovis and Folsom traditions , identified through unique spear points and large-game hunting methods, especially during the Lithic stage . Around 8000 BCE, as the climate stabilized, new cultural periods like
2193-585: Is not the best." The advocates of the Constitution were anxious to obtain unanimous support of all twelve states represented in the convention. Their accepted formula for the closing endorsement was "Done in Convention, by the unanimous consent of the States present." At the end of the convention, the proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. Within three days of its signing on September 17, 1787,
2322-729: Is the largest tribe if only full-blood individuals are counted; the Navajo are the tribe with the highest proportion of full-blood individuals, 86.3%. The Cherokee have a different history; it is the largest tribe, with 819,000 individuals, and it has 284,000 full-blood individuals. As of 2012, 70% of Native Americans live in urban areas, up from 45% in 1970 and 8% in 1940. Urban areas with significant Native American populations include Minneapolis, Denver, Phoenix, Tucson, Chicago, Oklahoma City, Houston, New York City, and Los Angeles. Many live in poverty. Racism, unemployment, drugs and gangs are common problems which Indian social service organizations such as
2451-632: Is to receive only one compensation from the federal government. The inaugural oath is specified to preserve, protect and defend the Constitution. The president is the Commander in Chief of the United States Armed Forces , as well as of state militias when they are mobilized. The president makes treaties with the advice and consent of a two-thirds quorum of the Senate. To administer the federal government,
2580-543: The American Indian Movement (AIM) drawing attention to Indigenous rights. Landmark legislation like the Indian Self-Determination and Education Assistance Act of 1975 recognized tribal autonomy, leading to the establishment of Native-run schools and economic initiatives. Tribal sovereignty has continued to evolve, with legal victories and federal acknowledgments supporting cultural revitalization. By
2709-533: The Archaic stage arose, during which hunter-gatherer communities developed complex societies across North America. The Mound Builders created large earthworks, such as at Watson Brake and Poverty Point , which date to 3500 BCE and 2200 BCE, respectively, indicating early social and organizational complexity. By 1000 BCE, Native societies in the Woodland period developed advanced social structures and trade networks, with
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#17331056805282838-467: The Articles of Confederation , the nation's first constitution , on March 4, 1789. Originally including seven articles, the Constitution delineates the frame of the federal government . The Constitution's first three articles embody the doctrine of the separation of powers , in which the federal government is divided into three branches: the legislative , consisting of the bicameral Congress ( Article I );
2967-511: The Census Bureau until 1930: American Indians and Alaska Natives as percentage of the total population between 1880 and 2020: Absolute numbers of American Indians and Alaska Natives between 1880 and 2020 (since 1890 according to the Census Bureau ): 78% of Native Americans live outside a reservation. Full-blood individuals are more likely to live on a reservation than mixed-blood individuals. The Navajo , with 286,000 full-blood individuals,
3096-636: The Dawes Act , which undermined communal landholding. A justification for the policy of conquest and subjugation of the Indigenous people emanated from the stereotyped perceptions of Native Americans as "merciless Indian savages" (as described in the United States Declaration of Independence ). Sam Wolfson in The Guardian writes, "The declaration's passage has often been cited as an encapsulation of
3225-761: The Hopewell tradition connecting the Eastern Woodlands to the Great Lakes and the Gulf of Mexico . This period led to the Mississippian culture , with large urban centers like Cahokia —a city with complex mounds and a population exceeding 20,000 by 1250 CE. From the 15th century onward, European contact drastically reshaped the Americas. Explorers and settlers introduced diseases, causing massive Indigenous population declines, and engaged in violent conflicts with Native groups. By
3354-667: The Indigenous peoples of the United States , particularly of the lower 48 states and Alaska . They may also include any Americans whose origins lie in any of the indigenous peoples of North or South America. The United States Census Bureau publishes data about "American Indians and Alaska Natives ", whom it defines as anyone "having origins in any of the original peoples of North and South America ... and who maintains tribal affiliation or community attachment". The census does not, however, enumerate "Native Americans" as such, noting that
3483-751: The Indigenous peoples of Canada are generally known as First Nations , Inuit and Métis ( FNIM ). The history of Native Americans in the United States began before the founding of the U.S., tens of thousands of years ago with the settlement of the Americas by the Paleo-Indians . The Eurasian migration to the Americas occurred over millennia via Beringia , a land bridge between Siberia and Alaska , as early humans spread southward and eastward, forming distinct cultures and societies. Archaeological evidence suggests these migrations began 60,000 years ago and continued until around 12,000 years ago. Some may have arrived even before this time fishing in kayaks along what
3612-613: The Mississippi River , in order to accommodate continued European American expansion. This resulted in what amounted to the ethnic cleansing or genocide of many tribes, who were subjected to brutal forced marches . The most infamous of these came to be known as the Trail of Tears . Contemporary Native Americans have a unique relationship with the United States because they may be members of nations, tribes, or bands that have sovereignty and treaty rights upon which federal Indian law and
3741-624: The Necessary and Proper Clause in Article One to allow Congress to enact legislation that is neither expressly allowed by the enumerated powers nor expressly denied in the limitations on Congress. In McCulloch v. Maryland (1819), the Supreme Court read the Necessary and Proper Clause to permit the federal government to take action that would "enable [it] to perform the high duties assigned to it [by
3870-493: The Second Continental Congress from 1775 to 1781 were chosen largely from the revolutionary committees of correspondence in various colonies rather than through the colonial governments of the Thirteen Colonies . The Articles of Confederation and Perpetual Union was the first constitution of the United States. The document was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and
3999-602: The Senate Indian Affairs Committee endorsed a bill that would grant federal recognition to tribes in Virginia. As of 2000 , the largest groups in the United States by population were Navajo , Cherokee , Choctaw , Sioux , Chippewa , Apache , Blackfeet , Iroquois , and Pueblo . In 2000, eight of ten Americans with Native American ancestry were of mixed ancestry. It is estimated that by 2100 that figure will rise to nine out of ten. The civil rights movement
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4128-578: The State of the Union , and by the Recommendation Clause , recommends "necessary and expedient" national measures. The president may convene and adjourn Congress under special circumstances. Section 4 provides for the removal of the president and other federal officers. The president is removed on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Article III describes
4257-696: The United States Constitution , allowed Natives to vote in elections, and extended the Fourteenth Amendment protections granted to people "subject to the jurisdiction" of the United States. However, some states continued to deny Native Americans voting rights for decades. Titles II through VII of the Civil Rights Act of 1968 comprise the Indian Civil Rights Act, which applies to Native American tribes and makes many but not all of
4386-694: The Virginia Declaration of Rights were incorporated into the Bill of Rights. Upon the arrival of the American Revolution, many of the rights guaranteed by the Federal Bill of Rights were recognized as being inspired by English law. A substantial body of thought had been developed from the literature of republicanism in the United States , typically demonstrated by the works of John Adams , who often quoted Blackstone and Montesquieu verbatim, and applied to
4515-488: The egalitarian character of the American people. In a 1787 letter to John Rutledge , Jefferson asserted that "The only condition on earth to be compared with [American government] ... is that of the Indians, where they still have less law than we." American Indian history scholars Donald Grinde and Bruce Johansen claim there is "overwhelming evidence" that Iroquois Confederacy political concepts and ideas influenced
4644-516: The executive , consisting of the president and subordinate officers ( Article II ); and the judicial , consisting of the Supreme Court and other federal courts ( Article III ). Article IV , Article V , and Article VI embody concepts of federalism , describing the rights and responsibilities of state governments , the states in relationship to the federal government, and the shared process of constitutional amendment. Article VII establishes
4773-565: The first written accounts of the contact were provided by Europeans . Ethnographers classify the Indigenous peoples of North America into ten geographical regions which are inhabited by groups of people who share certain cultural traits, called cultural areas. The ten cultural areas are: At the time of the first contact, the Indigenous cultures were different from those of the proto-industrial and mostly Christian immigrants. Some Northeastern and Southwestern cultures, in particular, were matrilineal and they were organized and operated on
4902-522: The 19th century, westward U.S. expansion, rationalized by Manifest destiny , pressured tribes into forced relocations like the Trail of Tears , which decimated communities and redefined Native territories. Despite resistance in events like the Sioux Uprising and Battle of Little Bighorn , Native American lands continued to be reduced through policies like the Indian Removal Act of 1830 and later
5031-513: The 21st century, Native Americans had achieved increased control over tribal lands and resources, although many communities continue to grapple with the legacy of displacement and economic challenges. Urban migration has also grown, with over 70% of Native Americans residing in cities by 2012, navigating issues of cultural preservation and discrimination. Continuing legal and social efforts address these concerns, building on centuries of resilience and adaptation that characterize Indigenous history across
5160-455: The 48 states and Alaska. Native American population rebounded sharply from 1950, when they numbered 377,273; it reached 551,669 in 1960, 827,268 in 1970, with an annual growth rate of 5%, four times the national average. Total spending on Native Americans averaged $ 38 million a year in the late 1920s, dropping to a low of $ 23 million in 1933, and returning to $ 38 million in 1940. The Office of Indian Affairs counted more American Indians than
5289-534: The 74 delegates appointed by the states, 55 attended. The delegates were generally convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation. Two plans for structuring the federal government arose at the convention's outset: On May 31, the Convention devolved into the Committee of the Whole , charged with considering
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5418-643: The Americas , including Mesoamerican peoples such as the Maya , as well as Canadian and South American natives . In 2022, 634,503 Indigenous people in the United States identified with Central American Indigenous groups, 875,183 identified with the Indigenous people of Mexico , and 47,518 identified with Canadian First Nations . Of the 3.2 million Americans who identified as American Indian or Alaska Native alone in 2022, around 45% are of Hispanic or Latino ethnicity, with this number growing as increasing numbers of Indigenous people from Latin American countries immigrate to
5547-399: The Americas. According to the 2020 census, the U.S. population was 331.4 million. Of this, 3.7 million people, or 1.1 percent, reported American Indian or Alaska Native ancestry alone. In addition, 5.9 million people (1.8 percent), reported American Indian or Alaska Native in combination with one or more other races. The definition of American Indian or Alaska Native used in the 2010 census
5676-545: The Confederation had "virtually ceased trying to govern." The vision of a respectable nation among nations seemed to be fading in the eyes of revolutionaries such as George Washington , Benjamin Franklin , and Rufus King . Their dream of a republic , a nation without hereditary rulers, with power derived from the people in frequent elections, was in doubt. On February 21, 1787, the Confederation Congress called
5805-557: The Constitution was submitted to the Congress of the Confederation , then sitting in New York City, the nation's temporary capital. The document, originally intended as a revision of the Articles of Confederation, instead introduced a completely new form of government. While members of Congress had the power to reject it, they voted unanimously on September 28 to forward the proposal to the thirteen states for their ratification . Under
5934-592: The Constitution's introductory paragraph, lays out the purposes of the new government: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. The opening words, " We
6063-761: The Constitution, the Federalists , and the other opposing it, the so-called Anti-Federalists . Over the ensuing months, the proposal was debated, criticized, and expounded upon clause by clause. In the state of New York , at the time a hotbed of anti-Federalism, three delegates from the Philadelphia Convention who were also members of the Congress— Hamilton , Madison , and Jay —published a series of commentaries, now known as The Federalist Papers , in support of ratification. Before year's end, three state legislatures voted in favor of ratification. Delaware
6192-502: The Constitution] in the manner most beneficial to the people," even if that action is not itself within the enumerated powers. Chief Justice Marshall clarified: "Let the end be legitimate, let it be within the scope of the Constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the Constitution, are Constitutional." Article II describes
6321-651: The Constitutional Convention. Prior to and during the framing and signing of the Constitution, Blackstone , Hume , Locke and Montesquieu were among the political philosophers most frequently referred to. Historian Herbert W. Schneider held that the Scottish Enlightenment was "probably the most potent single tradition in the American Enlightenment" and the advancement of personal liberties. Historian Jack P. Greene maintains that by 1776
6450-538: The Ghost Dance properly, the European American colonists would vanish, the bison would return, and the living and the dead would be reunited in an Eden ic world. On December 29 at Wounded Knee, gunfire erupted, and U.S. soldiers killed up to 300 Indians, mostly old men, women, and children. Days after the massacre, the author L. Frank Baum wrote: The Pioneer has before declared that our only safety depends upon
6579-511: The Indians were destined to vanish under the pressure of white civilization, stating in an 1886 lecture: I don't go so far as to think that the only good Indians are dead Indians, but I believe nine out of ten are, and I shouldn't like to inquire too closely into the case of the tenth. One of the last and most notable events during the Indian wars was the Wounded Knee Massacre in 1890. In
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#17331056805286708-651: The Iroquois influence thesis is largely the product of "white interpretations of Indians" and "scholarly misapprehension". John Napoleon Brinton Hewitt , who was born on the Tuscarora Indian Reservation , and was an ethnologist at the Smithsonian Institution 's Bureau of Ethnology is often cited by historians of Iroquois history. Hewitt, however, rejected the idea that the Iroquois League had
6837-580: The Law of Nations, to declare war and make rules of war. The final Necessary and Proper Clause , also known as the Elastic Clause, expressly confers incidental powers upon Congress without the Articles' requirement for express delegation for each and every power. Article I, Section 9 lists eight specific limits on congressional power. The Supreme Court has sometimes broadly interpreted the Commerce Clause and
6966-590: The Laws of England are considered the most influential books on law in the new republic. Madison made frequent reference to Blackstone, Locke, and Montesquieu, all of whom were among the most prominent political theorists of the late eighteenth century. Following the Glorious Revolution of 1688, British political philosopher John Locke was a major influence, expanding on the contract theory of government advanced by Thomas Hobbes , his contemporary. Locke advanced
7095-625: The Little Earth housing complex in Minneapolis attempt to address. Below are numbers for U.S. citizens self-identifying to selected tribal groupings, according to the 2010 U.S. census. There are 573 federally recognized tribal governments and 326 Indian reservations in the United States. These tribes possess the right to form their own governments, to enforce laws (both civil and criminal) within their lands, to tax, to establish requirements for membership, to license and regulate activities, to zone, and to exclude persons from tribal territories. Limitations on tribal powers of self-government include
7224-419: The New Jersey Plan with three states voting in favor, seven against, and one divided. The plan's defeat led to a series of compromises centering primarily on two issues: slavery and proportional representation. The first of these pitted Northern states, where slavery was slowly being abolished, against Southern states, whose agricultural economies depended on slave labor. The issue of proportional representation
7353-425: The Penobscot Nation, Houlton Band of Maliseet Indians, and Passamaquoddy Tribe . These representatives can sponsor any legislation regarding American Indian affairs or co-sponsor any pending State of Maine legislation. Maine is unique regarding Indigenous leadership representation. In the state of Virginia , Native Americans face a unique problem. Until 2017 Virginia previously had no federally recognized tribes but
7482-404: The People ", represented a new thought: the idea that the people and not the states were the source of the government's legitimacy. Coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style, the phrase is considered an improvement on the section's original draft which followed the words We the People with a list of the 13 states. In place of the names of
7611-402: The Secretary of State, rather than the Bureau of Indian Affairs . The Bureau of Indian Affairs reports on its website that its "responsibility is the administration and management of 55,700,000 acres (225,000 km ) of land held in trust by the United States for American Indians, Indian tribes, and Alaska Natives ". Many Native Americans and advocates of Native American rights believe that it
7740-462: The Senate (with each state's legislators generally choosing their respective senators), and that all money bills would originate in the House. The Great Compromise ended the stalemate between patriots and nationalists, leading to numerous other compromises in a spirit of accommodation. There were sectional interests to be balanced by the Three-Fifths Compromise ; reconciliation on Presidential term, powers, and method of selection; and jurisdiction of
7869-502: The U.S. Constitution , and are considered to be the most outspoken supporters of the Iroquois thesis. The idea as to the extent of that influence on the founding, however, varies among historians and has been questioned or criticized by various historians, including Samuel Payne, William Starna, George Hamell, and historian and archaeologist Philip Levy , who claims the evidence is largely coincidental and circumstantial. The most outspoken critic, anthropologist Elisabeth Tooker , claimed
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#17331056805287998-478: The U.S. federal government's claim to recognize the "sovereignty" of Native American peoples falls short, given that the United States wishes to govern Native American peoples and treat them as subject to U.S. law. Such advocates contend that full respect for Native American sovereignty would require the U.S. government to deal with Native American peoples in the same manner as any other sovereign nation, handling matters related to relations with Native Americans through
8127-405: The US and more Latinos self-identify with indigenous heritage. Of groups Indigenous to the United States, the largest self-reported tribes are Cherokee (1,449,888), Navajo (434,910), Choctaw (295,373), Blackfeet (288,255), Sioux (220,739), and Apache (191,823). 205,954 respondents specified an Alaska Native identity. Native Hawaiians are counted separately from Native Americans by
8256-469: The Union together and aided the Constitution's ratification, slavery continued for six more decades and the less populous states continue to have disproportional representation in the U.S. Senate and Electoral College . Since the Constitution became operational in 1789, it has been amended 27 times. The first ten amendments, known collectively as the Bill of Rights , offer specific protections of individual liberty and justice and place restrictions on
8385-522: The United States was established, Native American tribes were considered semi-independent nations, because they generally lived in communities which were separate from communities of white settlers . The federal government signed treaties at a government-to-government level until the Indian Appropriations Act of 1871 ended recognition of independent Native nations, and started treating them as "domestic dependent nations" subject to applicable federal laws. This law did preserve rights and privileges, including
8514-404: The United States, President George Washington and Secretary of War Henry Knox conceived the idea of " civilizing " Native Americans in preparation for their assimilation as U.S. citizens. Assimilation, whether it was voluntary, as it was with the Choctaw , or forced , was consistently maintained as a matter of policy by consecutive American administrations. During the 19th century,
8643-429: The Virginia Plan. On June 13, the Virginia resolutions in amended form were reported out of committee. The New Jersey Plan was put forward in response to the Virginia Plan. A Committee of Eleven, including one delegate from each state represented, met from July 2 to 16 to work out a compromise on the issue of representation in the federal legislature. All agreed to a republican form of government grounded in representing
8772-407: The census, being classified as Pacific Islanders . According to 2022 estimates, 714,847 Americans reported Native Hawaiian ancestry. The 2010 census permitted respondents to self-identify as being of one or more races. Self-identification dates from the census of 1960; prior to that the race of the respondent was determined by the opinion of the census taker. The option to select more than one race
8901-401: The close of these discussions, on September 8, a Committee of Style and Arrangement, including Alexander Hamilton from New York , William Samuel Johnson from Connecticut , Rufus King from Massachusetts , James Madison from Virginia, and Gouverneur Morris from Pennsylvania, was appointed to distill a final draft constitution from the 23 approved articles. The final draft, presented to
9030-447: The colonization process as comprising genocide against Native Americans. As part of a policy of white settler colonialism , European settlers continued to wage war and perpetrated massacres against Native American peoples, removed them from their ancestral lands , and subjected them to one-sided government treaties and discriminatory government policies. Into the 20th century, these policies focused on forced assimilation . When
9159-420: The convention on September 12, contained seven articles, a preamble and a closing endorsement , of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress. The final document, engrossed by Jacob Shallus , was taken up on Monday, September 17, at the convention's final session. Several of the delegates were disappointed in
9288-466: The convention were chosen by the state legislatures of 12 of the 13 original states ; Rhode Island refused to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven highly ineffective in meeting the young nation's needs. Almost immediately, however, delegates began considering measures to replace the Articles. The first proposal discussed, introduced by delegates from Virginia , called for
9417-970: The creation of state constitutions . While the ideas of unalienable rights, the separation of powers and the structure of the Constitution were largely influenced by the European Enlightenment thinkers, like Montesquieu , John Locke and others, Benjamin Franklin and Thomas Jefferson still had reservations about the existing forms of government in Europe. In a speech at the Constitutional Convention Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics ... And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Jefferson maintained, that most European governments were autocratic monarchies and not compatible with
9546-516: The dehumanizing attitude toward Indigenous Americans that the US was founded on." Native American nations on the plains in the west continued armed conflicts with the U.S. throughout the 19th century, through what were called generally Indian Wars . Notable conflicts in this period include the Dakota War , Great Sioux War , Snake War , Colorado War , and Texas-Indian Wars . Expressing the frontier anti-Indian sentiment, Theodore Roosevelt believed
9675-418: The federal judiciary. On July 24, a Committee of Detail , including John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), was elected to draft a detailed constitution reflective of the resolutions passed by the convention up to that point. The Convention recessed from July 26 to August 6 to await
9804-970: The first Native American television channel; established Native American studies programs, tribal schools universities , museums, and language programs. Literature is at the growing forefront of American Indian studies in many genres, with the notable exception of fiction—some traditional American Indians experience fictional narratives as insulting when they conflict with traditional oral tribal narratives. The terms used to refer to Native Americans have at times been controversial . The ways Native Americans refer to themselves vary by region and generation, with many older Native Americans self-identifying as "Indians" or "American Indians", while younger Native Americans often identify as "Indigenous" or "Aboriginal". The term "Native American" has not traditionally included Native Hawaiians or certain Alaskan Natives , such as Aleut , Yup'ik , or Inuit peoples. By comparison,
9933-484: The first senators and representatives, the first Wednesday of January (January 7, 1789); electing the first president, the first Wednesday of February (February 4); and officially starting the new government, the first Wednesday of March (March 4), when the first Congress would convene in New York City. As its final act, the Congress of Confederation agreed to purchase 10 square miles from Maryland and Virginia for establishing
10062-480: The focus of each Article remains the same as when adopted in 1787. Article I describes the Congress , the legislative branch of the federal government. Section 1 reads, "All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives ." The article establishes the manner of election and the qualifications of members of each body. Representatives must be at least 25 years old, be
10191-415: The founders drew heavily upon Magna Carta and the later writings of "Enlightenment rationalism" and English common law . Historian Daniel Walker Howe notes that Benjamin Franklin greatly admired David Hume , an eighteenth-century Scottish philosopher, and had studied many of his works while at Edinburgh in 1760. Both embraced the idea that high-ranking public officials should receive no salary and that
10320-637: The government, and some paid nothing. A few states did meet the interest payments toward the national debt owed by their citizens, but nothing greater, and no interest was paid on debts owed foreign governments. By 1786, the United States was facing default on its outstanding debts. Under the Articles, the United States had little ability to defend its sovereignty. Most of the troops in the nation's 625-man army were deployed facing non-threatening British forts on American soil. Soldiers were not being paid, some were deserting, and others were threatening mutiny. Spain closed New Orleans to American commerce, despite
10449-525: The greatest loss of life for Indigenous populations. "The decline of native American populations was rapid and severe, probably the greatest demographic disaster ever. Old World diseases were the primary killer. In many regions, particularly the tropical lowlands, populations fell by 90 percent or more in the first century after the contact." Estimates of pre-Columbian population of the United States vary from 4 to 18 million. Jeffrey Ostler writes: "Most Indigenous communities were eventually afflicted by
10578-402: The guarantees of the U.S. Bill of Rights applicable within the tribes. Since the 1960s, Native American self-determination movements have resulted in positive changes to the lives of many Native Americans, though there are still many contemporary issues faced by them . Today, there are over five million Native Americans in the US, about 80% of whom live outside reservations. The states with
10707-556: The highest percentage of Native Americans are Alaska , Oklahoma , New Mexico , South Dakota , Montana , and North Dakota . Beginning toward the end of the 15th century, the migration of Europeans to the Americas led to centuries of population, cultural, and agricultural transfer and adjustment between Old and New World societies, a process known as the Columbian exchange . Because most Native American groups had preserved their histories by means of oral traditions and artwork,
10836-460: The idea of separation had for its purpose the even distribution of authority among the several branches of government. The English Bill of Rights (1689) was an inspiration for the American Bill of Rights. Both require jury trials , contain a right to keep and bear arms , prohibit excessive bail and forbid " cruel and unusual punishments ". Many liberties protected by state constitutions and
10965-532: The ideology known as manifest destiny became integral to the American nationalist movement. Westward expansion of European American populations after the American Revolution resulted in increasing pressure on Native Americans and their lands, warfare, and rising tensions. In 1830, the U.S. Congress passed the Indian Removal Act , authorizing the federal government to relocate Native Americans from their homelands within established states to lands west of
11094-514: The latter term can encompass a broader set of groups, e.g. Native Hawaiians , which it tabulates separately. The European colonization of the Americas from 1492 resulted in a precipitous decline in the size of the Native American population because of newly introduced diseases , including weaponized diseases and biological warfare by colonizers, wars , ethnic cleansing , and enslavement . Numerous scholars have classified elements of
11223-730: The lower class was a better judge of character when it came to choosing their representatives. In his Institutes of the Lawes of England , Coke interpreted Magna Carta protections and rights to apply not just to nobles, but to all British subjects. In writing the Virginia Charter of 1606 , he enabled the King in Parliament to give those to be born in the colonies all rights and liberties as though they were born in England. William Blackstone's Commentaries on
11352-457: The need for balanced forces pushing against each other to prevent tyranny (reflecting the influence of Polybius 's 2nd century BC treatise on the checks and balances of the Roman Republic ). In his The Spirit of Law , Montesquieu maintained that the separation of state powers should be by its service to the people's liberty: legislative, executive and judicial, while also emphasizing that
11481-574: The newly formed states. Despite these limitations, based on the Congressional authority granted in Article 9, the league of states was considered as strong as any similar republican confederation ever formed. The chief problem was, in the words of George Washington , "no money." The Confederated Congress could print money, but it was worthless, and while the Congress could borrow money, it could not pay it back. No state paid its share of taxes to support
11610-521: The office, qualifications, and duties of the President of the United States and the Vice President . The President is head of the executive branch of the federal government , as well as the nation's head of state and head of government . Article two is modified by the 12th Amendment , which tacitly acknowledges political parties, and the 25th Amendment relating to office succession. The president
11739-749: The old New York, New Haven and Hartford Railroad grade. It is estimated that 40 miles (64 km) of trail are currently open. A large portion of the open trail is located in Mohawk Trail State Forest and South River State Forest . Upon completion, the trail is projected to reach from the Connecticut River to the Hudson River . Native Americans in the United States Native Americans (also called American Indians , First Americans , or Indigenous Americans ) are
11868-589: The people in the states. For the legislature, two issues were to be decided: how the votes were to be allocated among the states in the Congress, and how the representatives should be elected. In its report, now known as the Connecticut Compromise (or "Great Compromise"), the committee proposed proportional representation for seats in the House of Representatives based on population (with the people voting for representatives), and equal representation for each State in
11997-407: The power to regulate and govern military forces and militias , suppress insurrections and repel invasions. It is to provide for naturalization, standards of weights and measures, post offices and roads, and patents; to directly govern the federal district and cessions of land by the states for forts and arsenals. Internationally, Congress has the power to define and punish piracies and offenses against
12126-563: The powers of government within the U.S. states. The majority of the 17 later amendments expand individual civil rights protections. Others address issues related to federal authority or modify government processes and procedures. Amendments to the United States Constitution, unlike ones made to many constitutions worldwide, are appended to the document. The original U.S. Constitution was handwritten on five pages of parchment by Jacob Shallus . The first permanent constitution, it
12255-428: The preservation of the Union." The proposal might take effect when approved by Congress and the states. On the appointed day, May 14, 1787, only the Virginia and Pennsylvania delegations were present, and the convention's opening meeting was postponed for lack of a quorum. A quorum of seven states met on May 25, and deliberations began. Eventually 12 states were represented, with Rhode Island refusing to participate. Of
12384-418: The president commissions all the offices of the federal government as Congress directs; and may require the opinions of its principal officers and make " recess appointments " for vacancies that may happen during the recess of the Senate. The president ensures the laws are faithfully executed and may grant reprieves and pardons with the exception of Congressional impeachment . The president reports to Congress on
12513-523: The principle of consent of the governed in his Two Treatises of Government . Government's duty under a social contract among the sovereign people was to serve the people by protecting their rights. These basic rights were life, liberty, and property . Montesquieu's influence on the framers is evident in Madison's Federalist No. 47 and Hamilton's Federalist No. 78 . Jefferson, Adams, and Mason were known to read Montesquieu. Supreme Court Justices ,
12642-482: The problem was quickly resolved. King would later make trips to Arizona visiting Native Americans on reservations, and in churches encouraging them to be involved in the Civil Rights Movement. In King's book Why We Can't Wait he writes: United States Constitution [REDACTED] [REDACTED] The Constitution of the United States is the supreme law of the United States . It superseded
12771-410: The problems of Virginia Indians in establishing documented continuity of identity, due to the work of Walter Ashby Plecker (1912–1946). As registrar of the state's Bureau of Vital Statistics, he applied his own interpretation of the one-drop rule , enacted in law in 1924 as the state's Racial Integrity Act. It recognized only two races: "white" and "colored". Plecker, a segregationist , believed that
12900-504: The procedure subsequently used by the 13 states to ratify it. The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. The drafting of the Constitution , often referred to as its framing, was completed at the Constitutional Convention , which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. Delegates to
13029-495: The process outlined in Article VII of the proposed Constitution, the state legislatures were tasked with organizing "Federal Conventions" to ratify the document. This process ignored the amendment provision of the Articles of Confederation which required unanimous approval of all the states. Instead, Article VII called for ratification by just nine of the 13 states—a two-thirds majority. Two factions soon emerged, one supporting
13158-498: The prospect of defeat, the Federalists relented, promising that if the Constitution was adopted, amendments would be added to secure individual liberties. With that, the anti-Federalists' position collapsed. On June 21, 1788, New Hampshire became the ninth state to ratify. Three months later, on September 17, the Congress of the Confederation certified the ratification of eleven states, and passed resolutions setting dates for choosing
13287-523: The protests of U.S. officials. When Barbary pirates began seizing American ships of commerce, the Treasury had no funds to pay toward ransom. If a military crisis required action, the Congress had no credit or taxing power to finance a response. Domestically, the Articles of Confederation was failing to bring unity to the diverse sentiments and interests of the various states. Although the Treaty of Paris in 1783
13416-488: The purpose of representation in the federal government, and by requiring the return of escaped slaves to their owners, even if captured in states where slavery had been abolished. Finally, the delegates adopted the Connecticut Compromise , which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate) giving each state two senators. While these compromises held
13545-425: The report of this "Committee of Detail". Overall, the report of the committee conformed to the resolutions adopted by the convention, adding some elements. A twenty-three article (plus preamble) constitution was presented. From August 6 to September 10, the report of the committee of detail was discussed, section by section and clause by clause. Details were attended to, and further compromises were effected. Toward
13674-442: The result, a makeshift series of unfortunate compromises. Some delegates left before the ceremony and three others refused to sign. Of the thirty-nine signers, Benjamin Franklin summed up, addressing the convention: "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, "because I expect no better and because I am not sure that it
13803-498: The right to label arts and crafts as Native American and permission to apply for grants that are specifically reserved for Native Americans. But gaining federal recognition as a tribe is extremely difficult; to be established as a tribal group, members have to submit extensive genealogical proof of tribal descent and continuity of the tribe as a culture. In July 2000, the Washington State Republican Party adopted
13932-471: The same limitations applicable to states; for example, neither tribes nor states have the power to make war, engage in foreign relations, or coin money (this includes paper currency). In addition, there are a number of tribes that are recognized by individual states , but not by the federal government. The rights and benefits associated with state recognition vary from state to state. Many Native Americans and advocates of Native American rights point out that
14061-511: The same requirements as they did. The Muwekma Ohlone of the San Francisco Bay Area are pursuing litigation in the federal court system to establish recognition. Many of the smaller eastern tribes, long considered remnants of extinct peoples, have been trying to gain official recognition of their tribal status. Several tribes in Virginia and North Carolina have gained state recognition. Federal recognition confers some benefits, including
14190-649: The south in the late 1950s after they reached out to him. At that time the remaining Creek in Alabama were trying to completely desegregate schools in their area. In this case, light-complexioned Native children were allowed to ride school buses to previously all white schools, while dark-skinned Native children from the same band were barred from riding the same buses. Tribal leaders, upon hearing of King's desegregation campaign in Birmingham, Alabama, contacted him for assistance. He promptly responded and, through his intervention,
14319-598: The southern and western states. In the south segregation was a major problem for Native Americans seeking education, but the NAACP's legal strategy would later change this. Movements such as Brown v. Board of Education was a major victory for the Civil Rights Movement headed by the NAACP , and inspired Native Americans to start participating in the Civil Rights Movement. Martin Luther King Jr. began assisting Native Americans in
14448-416: The spirit of the Articles. In September 1786, during an inter–state convention to discuss and develop a consensus about reversing the protectionist trade barriers that each state had erected, James Madison questioned whether the Articles of Confederation was a binding compact or even a viable government. Connecticut paid nothing and "positively refused" to pay U.S. assessments for two years. A rumor at
14577-535: The state as "colored" and gave them lists of family surnames to examine for reclassification based on his interpretation of data and the law. This led to the state's destruction of accurate records related to families and communities who identified as Native American (as in church records and daily life). By his actions, sometimes different members of the same family were split by being classified as "white" or "colored". He did not allow people to enter their primary identification as Native American in state records. In 2009,
14706-493: The state had recognized eight. This is related historically to the greater impact of disease and warfare on the Virginia Indian populations, as well as their intermarriage with Europeans and Africans. Some people confused ancestry with culture, but groups of Virginia Indians maintained their cultural continuity. Most of their early reservations were ended under the pressure of early European settlement. Some historians also note
14835-529: The state's Native Americans had been "mongrelized" by intermarriage with African Americans; to him, ancestry determined identity, rather than culture. He thought that some people of partial black ancestry were trying to " pass " as Native Americans. Plecker thought that anyone with any African heritage had to be classified as colored, regardless of appearance, amount of European or Native American ancestry, and cultural/community identification. Plecker pressured local governments into reclassifying all Native Americans in
14964-477: The states Morris substituted "of the United States" and then listed the Constitution's six goals, none of which were mentioned originally. The Constitution's main provisions include seven articles that define the basic framework of the federal government. Articles that have been amended still include the original text, although provisions repealed by amendments under Article V are usually bracketed or italicized to indicate they no longer apply. Despite these changes,
15093-653: The time was that a seditious party of New York legislators had opened a conversation with the Viceroy of Canada . To the south, the British were said to be openly funding Creek Indian raids on Georgia, and the state was under martial law . Additionally, during Shays' Rebellion (August 1786 – June 1787) in Massachusetts, Congress could provide no money to support an endangered constituent state. General Benjamin Lincoln
15222-474: The total extermination of the Indians. Having wronged them for centuries, we had better, in order to protect our civilization, follow it up by one more wrong and wipe these untamed and untamable creatures from the face of the earth. In the 20th century, Native Americans served in significant numbers during World War II, marking a turning point for Indigenous visibility and involvement in broader American society. Post-war, Native activism grew, with movements such as
15351-567: The ultimate interpreters of the constitution, have cited Montesquieu throughout the Court's history. (See, e.g. , Green v. Biddle , 21 U.S. 1, 1, 36 (1823). United States v. Wood , 39 U.S. 430, 438 (1840). Myers v. United States , 272 U.S. 52, 116 (1926). Nixon v. Administrator of General Services , 433 U.S. 425, 442 (1977). Bank Markazi v. Peterson , 136 U.S. 1310, 1330 (2016).) Montesquieu emphasized
15480-694: The years leading up to it the U.S. government had continued to seize Lakota lands. A Ghost Dance ritual on the Northern Lakota reservation at Wounded Knee, South Dakota , led to the U.S. Army's attempt to subdue the Lakota. The dance was part of a religious movement founded by the Northern Paiute spiritual leader Wovoka that told of the return of the Messiah to relieve the suffering of Native Americans and promised that if they would live righteous lives and perform
15609-646: Was a very significant moment for the rights of Native Americans and other people of color. Native Americans faced racism and prejudice for hundreds of years, and this increased after the American Civil War . Native Americans, like African Americans, were subjected to the Jim Crow Laws and segregation in the Deep South especially after they were made citizens through the Indian Citizenship Act of 1924. As
15738-430: Was adopted by the full Congress in mid-November of that year. Ratification by the 13 colonies took more than three years and was completed March 1, 1781. The Articles gave little power to the central government. While the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of most decisions, including amendments to the Articles, required legislative approval by all 13 of
15867-511: Was as follows: According to Office of Management and Budget, "American Indian or Alaska Native" refers to a person having origins in any of the original peoples of North and South America (including Central America) and who maintains tribal affiliation or community attachment. Despite generally referring to groups indigenous to the continental US and Alaska, this demographic as defined by the US Census Bureau includes all Indigenous people of
15996-425: Was first, voting unanimously 30–0; Pennsylvania second, approving the measure 46–23; and New Jersey third, also recording a unanimous vote. As 1788 began, Connecticut and Georgia followed Delaware's lead with almost unanimous votes, but the outcome became less certain as leaders in key states such as Virginia, New York, and Massachusetts expressed concerns over the lack of protections for people's rights. Fearing
16125-621: Was introduced in 2000. If American Indian or Alaska Native was selected, the form requested the individual provide the name of the "enrolled or principal tribe". Censuses counted around 346,000 Native Americans in 1880 (including 33,000 in Alaska and 82,000 in Oklahoma, back then known as Indian Territory ), around 274,000 in 1890 (including 25,500 in Alaska and 64,500 in Oklahoma), 362,500 in 1930 and 366,500 in 1940, including those on and off reservations in
16254-401: Was obliged to raise funds from Boston merchants to pay for a volunteer army. Congress was paralyzed. It could do nothing significant without nine states, and some legislation required all 13. When a state produced only one member in attendance, its vote was not counted. If a state's delegation was evenly divided, its vote could not be counted towards the nine-count requirement. The Congress of
16383-508: Was of similar concern to less populous states, which under the Articles had the same power as larger states. To satisfy interests in the South, particularly in Georgia and South Carolina, the delegates agreed to protect the slave trade, that is, the importation of slaves, for 20 years. Slavery was protected further by allowing states to count three-fifths of their slaves as part of their populations, for
16512-427: Was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler. The idea of Separation of Powers inherent in the Constitution was largely inspired by eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke . The influence of Montesquieu, Locke, Edward Coke and William Blackstone were evident at
16641-402: Was signed between Britain and the U.S., and named each of the American states, various states proceeded to violate it. New York and South Carolina repeatedly prosecuted Loyalists for wartime activity and redistributed their lands. Individual state legislatures independently laid embargoes, negotiated directly with foreign authorities, raised armies, and made war, all violating the letter and
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