Trump v. Barbara · ¶219
Indians in tribes were not covered by the Civil Rights Act’s exclusion of persons “subject to any foreign power” because Indian tribes were not “foreign.” They were “domestic dependent nations.” Cherokee Nation v. Georgia, 5 Pet. 1, 17 (1831). Thus, to preserve the status quo that tribal Indians were not citizens, Congress used the clause “not subject to any foreign power, excluding Indians not taxed.” 14 Stat. 27.Read in context ›
slip opinion, revised 7/01/26
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