Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Blood Quantum And Equal Protection, Rose Cuison Villazor
Blood Quantum And Equal Protection, Rose Cuison Villazor
Studio for Law and Culture
Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial/political paradigm. This dichotomy may be traced to Morton v. Mancari and more recently to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of Native American tribes do not constitute racial discrimination because the preferences have a political purpose – to further the right to self-government of tribes. Rice v. Cayetano crystallized the juxtaposition of the racial from the political nature of indigeneity by invalidating a law that privileged Native Hawaiians. That …