Los Angeles

AMERICA’S first blood quantum law was passed in Virginia in 1705 in order to determine who had a high enough degree of Indian blood to be classified an Indian — and whose rights could be restricted as a result. You’d think, after all these years, we’d finally manage to kick the concept. But recently, casino-rich Indian tribes in California have been using it themselves to cast out members whose tribal bloodlines, they say, are not pure enough to share in the profits.

What is surprising is not that more than 2,500 tribal members have been disenfranchised for apparently base reasons. (It’s human — and American — nature to want to concentrate wealth in as few hands as possible.) What is surprising is the extent to which Indian communities have continued using a system of blood membership that was imposed upon us in a violation of our sovereignty.

In the late 19th and early 20th centuries, the United States government entered into treaties with Indian nations that reserved tracts of land for tribal ownership and use and guaranteed annuities in the form of money, goods or medical care. Understandably, tribes and the government needed a way to make sure this material ended up in the right hands. Blood quantum, and sometimes lineal descent, was a handy way of solving that problem. For instance, if one of your grandparents was included on the tribal rolls and you possessed a certain blood quantum — say, you were one-fourth Navajo — the government counted you as Navajo as well.

But it had another benefit, for the government at least, which believed that within a few generations intermarriage and intermixing would eliminate Indian communities, and the government would be off the hook. “As long as grass grows or water runs” — a phrase that was often used in treaties with American Indians — is a relatively permanent term for a contract. “As long as the blood flows” seemed measurably shorter.