The Indian Child Welfare Act and the 14th Amendment
We the People
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Are You a Member of a Tribe?
Elizabeth McCutcheon: Mancari's holding that tribal members are part of a political classification and not a racial classification is key. She says the Supreme Court has acknowledged Native people as a race, but tribe membership is both over and under inclusive of that category. McCutcheon also points to two inaccuracies in Sandefor's account about Indian children being considered 'Indian' because they're biological offspring of tribal citizens.
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