Alex Fay on Elk v. Wilkins

Alex Fay on Elk v. Wilkins

Alexandra Fay has posted “”Subject to the Jurisdiction Thereof”?: Citizenship and Empire in Elk v. Wilkins,” forthcoming in the Washington & Lee Law Review, on SSRN. Here is the abstract: In 1884, the Supreme Court held that the Fourteenth Amendment’s guarantee of birthright citizenship did not apply to Native Americans. In Elk v. Wilkins, the Court denied John Elk the right to vote on the grounds that he was born a tribal member, not subject t…