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ELK v. WILKINS Case Brief
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Case Brief Summary & Legal Analysis
tl;dr: The Supreme Court held that a Native American man who voluntarily left his tribe was not a U.S. citizen under the Fourteenth Amendment because he was born a member of a tribe, which the Court considered an “alien nation,” and thus not “subject to the jurisdiction” of the United States at birth.
Legal Significance: This case established that birthright citizenship under the Fourteenth Amendment did not extend to members of federally recognized Native American tribes. It affirmed that tribal members owed allegiance to their tribes, not the U.S., and required an act of Congress to become naturalized citizens.
ELK v. WILKINS Law School Study Guide
Use this case brief structure for your own legal analysis. Focus on the IRAC methodology to excel in law school exams and cold calls.
Case Facts & Court Holding
Key Facts & Case Background
John Elk, a Native American, was born in the United States as a member of a federally recognized Indian tribe. He later voluntarily severed all ties with his tribe, moved to Omaha, Nebraska, and adopted the customs of non-tribal society. Elk alleged that he had “fully and completely surrendered himself to the jurisdiction of the United States.” He met all the statutory requirements for voting in Nebraska regarding age and residency. When Elk attempted to register to vote, the registrar, Charles Wilkins, refused on the grounds that Elk was an Indian and not a citizen of the United States. Elk brought an action in federal court, claiming that the refusal to register him violated his rights under the Fourteenth and Fifteenth Amendments. He argued that by virtue of his birth in the United States and his separation from his tribe, he was a citizen under the Fourteenth Amendment’s Citizenship Clause. The Circuit Court dismissed his action, and the Supreme Court granted review.
Court Holding & Legal Precedent
Issue: Is a Native American who was born a member of a federally recognized tribe a citizen of the United States within the meaning of the Fourteenth Amendment’s Citizenship Clause simply by voluntarily separating from his tribe and residing among the general populace?
No. The judgment of the Circuit Court was affirmed. A Native American Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore
IRAC Legal Analysis
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IRAC (Issue, Rule, Analysis, Conclusion) is the exact format professors want to see in your exam answers. Our exclusive Flash-to-Full briefs combine holding, analysis, and rule statements formatted to match what A+ students produce in exams. These structured briefs help reinforce the essential legal reasoning patterns expected in law school.
Legal Issue
Is a Native American who was born a member of a federally recognized tribe a citizen of the United States within the meaning of the Fourteenth Amendment’s Citizenship Clause simply by voluntarily separating from his tribe and residing among the general populace?
Conclusion
This decision established that Native Americans were outside the scope of birthright Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aut
Legal Rule
A person born a member of a recognized Indian tribe within the Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum
Legal Analysis
The Court's analysis centered on the interpretation of the phrase "subject to Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum. Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure d
Flash-to-Full Case Opinions
Flash Summary
- A Native American born as a member of a recognized tribe