Trump v. Barbara · ¶429

The second problem was the unique legal status of Indian tribes in the United States. Under the Clause of the Constitution allocating seats in the House of Representatives and Presidential electors, “Indians not taxed” were excluded from the body politic and thereby denied citizenship. Art. I, §2, cl. 3. This provision did not require census takers to determine whether individual Indians owed or paid taxes. Instead, the phrase referred to those Indians who retained their traditional way of life. They lived in their own communities under tribal law and enjoyed the “privilege of total immunity from State taxation.” The Kan sas Indians, 5 Wall. 737, 756 (1867); see also Worcester v. Georgia, 6 Pet. 515, 559–561 (1832). It is hard to find estimates of the size of this segment of the population at the end of the 18th century, but it was certainly significant.

slip opinion, revised 7/01/26
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