“Law is embroiled in the politics of identity. It names parties, defines their speech and conduct, and assigns their rights and duties. Its judgments declare, enjoin, and award the tangible and intangible benefits of race and racial privilege.” in the politics of defining racial identity. The rule of hypo-descent, also known as the “one-drop rule,” was codified as law in many states in an effort to define the group of people who were black and therefore subject to the deprivation of liberty through the institution of slavery and later subject to social, economic, and educational subjugation through Jim Crow. Although the rule has been repealed from the statutory compilations of law in those states that once had such a rule, it continues to operate on a cognitive and cultural level in American law and society. On a social and cultural level, most Americans still perceive anyone with known African ancestry and the skin coloration, hair texture, or facial features that serve as evidence Law has been deeply involved of African ancestry, to be “black” or African American. Unbeknownst to many, the rule of hypo-descent still operates in law on a structural level, particularly with respect to federal Indian law and the law of some Native American tribes. Within some Native American tribes, the rule is still covertly operating to construct Native American identity. In one case, a woman who was three-quarters Indian and one-quarter African was placed on the Freedmen Roll by the Dawes Commission. Miller v. Allen, 229 P. 152 (Okla. 1924). She sued to be recognized as a blood Indian. Id. at 152. The court defined the issue as “whether or not the enrollment record of the Five Civilized Tribes is conclusive as to plaintiff’s descent and race as negro or Indian.” Id. The court reasoned that, “[i]f slavery were in force at this time, Annie Miller, the plaintiff, would be a slave. One drop of slave blood taints the stream and makes it African in its descent.” Id. at 154. Accordingly, Annie Miller’s native ancestry was ignored and the rule of hypo-descent operated to deny her the identity, status, and benefits of being Indian. Id. -Tribal Kulturkampf: The Role of Race Ideology in Constructing Native American Identity, Carla D. Pratt.
Posted on: Mon, 15 Dec 2014 12:13:14 +0000
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