“[The Congress shall have the power] To regulate commerce with foreign nations, and among the several states, and with the Indian tribes … ”
– Article 1, Section 8, Paragraph 3 of the United States Constitution
When people today talk about the original Constitution, they often mention specific clauses that are relevant to black history. These include the Slave Importation Clause, the Fugitive Slave Clause, and the Three-Fifths Clause. When people today talk about the civil rights amendments, they often mention the abolition of slavery by the Thirteenth Amendment (and rightfully so). But when they talk about minority history, they seldom discuss the clauses specific to Native American history, even though the words “Indians” and “Indian tribes” are mentioned in three different clauses from either the original Constitution or its amendments.
Constitution of the United States
It is important to be clear on this point: there are actually no clauses in the Constitution that mention Hispanic Americans, Asian Americans, or Pacific Islander Americans by any of their specific names. There are clauses specifically about African Americans, but none that mention them by name (even by names like “blacks”). However, three clauses from either the original Constitution or its amendments mention “Indians” or “Indian tribes” by these names. Thus, I would like to go over all of these clauses here, and show what the “supreme law of the land” has said about the legal status of Native Americans.
Charles Curtis (the 31st Vice President of the United States),
who was of Kaw, Osage, Potawatomi, French and British ancestry – served 1929–1933










